The Maryland Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Maryland state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Maryland attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Maryland General Assembly: Annotated Code of Maryland
Telephone: (410) 528-8662
Toll Free: (888) 743-0023
Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Maryland.
How Does the Statute of Limitations Operate?
The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Maryland statute of limitations can generally be found within the Maryland Courts and Judicial Proceedings Code, Title 5 and covers the following rules and exceptions in greater detail.When does the Maryland Statute of Limitations Begin?
Other than for specific exceptions, the Maryland statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Maryland state court.What is the Discovery Rule?
There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed by an financial professional that is not easily discoverable. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Maryland statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.Delaying or Tolling the Maryland Statute of Limitations
In certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent. Once the disability ends, the statute of limitations begins to run.Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Maryland attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Maryland General Assembly: Annotated Code of Maryland
Personal Injury and Negligence
3 years, use the Discovery Rule for issues that concern later discovery of the injury. See §5-105Wrongful Death
3 years with the Discovery Rule. Death due to an occupation disease, the earlier of 10 years from date of death and 3 years from date cause of death is discovered.Medical Malpractice
The shorter of 5 years from the date of the injury due to the malpractice and 3 years from the date of discovery (which provides a maximum of 7 years from date of the injury due to malpractice). See §5-109Legal and Professional Malpractice
5 years from the date of the injury due to the malpractice or 3 years from the date of discovery. See §5-109 for more information.Products Liability
3 years with the Discovery Rule.Assault
1 years.False Imprisonment
3 years.Comparative Negligence
Not applicable.Contracts
Written contracts 3 years. See §5-101Fraud
3 years..Personal Property Damages
3 years. See §5-101Trespass
3 years. See §5-101Libel / Slander / Defamation
1 years from the date of publication (or the date when spoken). See §5-105Debt Collection Accounts
3 years. See §5-101Collection of Rent
3 years. §5-101Judgment Enforcement
12 years. See §5-102(a)(3)Disabilities
Minors (under age 18) and incompetents, the shorter of the 3 years or the time limit set by statute from the date the disability is removed.Charitable Immunity
In some instances, such as hospitals and nursing homes.Liability of State and Municipalities
Limited waiver of sovereign immunity in tort claims.No-Fault Insurance
Yes - no-fault insurance applies.Consumer Fraud Complaints
Maryland Attorney General, Consumer ProtectionTelephone: (410) 528-8662
Toll Free: (888) 743-0023
Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Maryland.
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- Statute Of Limitations