What You Need to Know About Maryland’s Personal Injury Statute of Limitations

Have you recently been injured by a fall? Have you witnessed a close friend or a dear family member suffer due to the negligence of others? If so, you may wonder when and how you can file for a personal injury case. Here’s everything you need to know about the Maryland statute of limitations for a personal injury claim.

Maryland’s statute of limitations for personal injury claims is usually three years from the accident date. If individuals do not file a claim within three years of their accident, a Maryland court may not hear their case.

Proving a Personal Injury Claim in Maryland

Personal injury accidents often fall under Maryland’s negligence laws. For instance, if an individual trips and falls in their rented property, they must prove that the property owner was negligent in maintaining the property to win a personal injury claim against them.

To win a personal injury case against a property owner, a court must recognize that the accident occurred solely due to the property owner’s negligence. A court will classify negligence as the following:

  • Failure to maintain flooring, walkable visitor areas, parking areas, or to keep the walkways/roads dry and slick-free
  • Failure to maintain areas such as elevators, escalators, or stairways
  • Poor lighting in areas that could cause an injury
  • Significant debris in walking areas
  • Workplace dangers that violate the standards of the Occupational Safety and Health Administration (OSHA)

Related: Maryland Workers’ Compensation Laws: Injured Employees

Auto personal injury cases are grounded in a fault, no-fault system. An injured individual may file with either driver’s insurer or could go to court to seek damages and prove fault.

Maryland also sets laws surrounding dog bite injuries. Maryland Code states that an owner is liable for injuries caused by their dog if it is “running at large.”

Contributory Negligence in Maryland

Contributory negligence is when a plaintiff is partially negligent in causing their injury.

Maryland is one of five jurisdictions that still use contributory negligence. Thus, in Maryland, if an injured victim is partially at fault for their injury, they may not receive damages.

Damages for Personal Injury Cases in Maryland

Claims for personal injury accidents usually cover damages such as medical bills, loss of income from the inability to work, and pain and suffering.

Usually, it is hard to prove a claim for an accident if the scenario happened as one of the following:

  1. You were trespassing or walking through an area where visitors are not permitted
  2. You were using a mobile device which constitutes grave negligence during walking
  3. You were wearing inappropriate footwear for the given circumstances (such as heels on concrete)
  4. There was appropriate signage to warn or protect visitors, which you ignored
  5. You willfully ignored the dangerous condition of a property

Statute of Limitations for a Maryland Personal Injury Case

According to Maryland Courts & Judicial Proceedings Code section 5-101, if you have a personal injury accident or trip on property owned by a private entity (person or company), such a fall has a statute of limitations of three years.

For personal injuries resulting from state employees or agencies, Maryland requires an individual to file a state treasurer claim within one year. If the state treasurer denies the claim or does not respond for six months, you may file a lawsuit within Maryland’s three-year statute of limitations.

Additionally, minors in Maryland have until the day before they turn 21 to file a personal injury case, even if this date goes beyond the three-year statute of limitations.

Related: Slip & Fall Statute of Limitations By State

Maryland may also grant you an extended statute of limitations if you did not discover the injury until a later date.

Additional exceptions to Maryland’s statute of limitations for personal injury claims can be found here.

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If you or a loved one would like to learn more about Maryland Personal Injury Statute of Limitations, get your free consultation with one of our Personal Injury Attorneys in Maryland today!