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Maryland Civil Statute of Limitations Laws
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All states have statutes of limitations. These are time limits placed on plaintiffs’ ability to file personal injury lawsuits. Statutes of limitations help ensure that civil claims get filed in a reasonable amount of time. Setting a fixed filing deadline means plaintiffs must file tort cases while evidence is readily available and witness recollections are fresh.
There are different statutes of limitations for civil and criminal cases. Criminal statutes place limitations periods on prosecutors. These statutes protect the right to speedy trials for defendants. Under Maryland law, statutes of limitation are part of the courts and judicial proceedings and regulate legal actions.
In Maryland, most civil cases have a three-year statute of limitations. The statute usually runs from the date of the injury, but not always. The discovery rule allows plaintiffs to start personal injury claims on the date they first learned of the injury or harm. For instance, a car accident causes immediate injuries that plaintiffs notice within three years. Exposure to toxic chemicals might cause an illness that a plaintiff overlooks for a long period of time.
Tolling
Tolling suspends the statute of limitations if there is a valid reason for doing so. Maryland courts recognize several reasons for tolling civil statutes of limitation.
- If the claimant is a minor (the statute begins running on the claimant’s 18th birthday)
- The claimant is mentally incapacitated
- The claimant is in prison
- If the defendant intentionally conceals evidence of the wrong, or if the defendant is hiding and the plaintiff cannot find them
In civil actions, the claimant must show that they have grounds for tolling the statute.
Maryland Civil Statutes of Limitations
It’s crucial to be aware of the appropriate statute of limitations in civil cases to ensure you file before it expires. Once that window closes, it’s extremely rare to ever be permitted to file for that case. The table below lists the statute of limitations for certain civil actions in Maryland.
Maryland Statute of Limitations Limit |
Type of Civil Offense |
---|---|
One Year |
|
Three Years |
|
Five Years |
|
12 years |
|
20 Years |
Damages Accruing from Improvements to Real Property |
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.
Get Legal Advice From A Maryland Personal Injury Attorney
Missing a statute of limitations deadline usually means the end of your case. Even one day means your personal injury case gets dismissed, and you can’t file it again. If you have a civil lawsuit, consider getting legal advice from a Maryland personal injury lawyer.
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