What is a Statute of Limitations?

IN SIMPLE TERMS, A STATUTE OF LIMITATIONS IS A LEGAL FILING DEADLINE.

How can they affect my ability to recover even when the facts support my claim?

A statute of limitations is a law that sets a deadline for filing a lawsuit. In a personal injury case, it can determine how long someone has to take legal action after being injured.

In Maryland, the general rule is that a civil lawsuit must be filed within three years after the claim accrues, unless a different law or exception applies. The date the deadline begins is not always the same as the date of the accident, so it is important to identify the rules that apply to each case.

Why does this matter? If someone misses the applicable deadline, they may lose the ability to pursue their claim in court, even if they have a valid reason to believe someone else caused their injury.

ARE ALL PERSONAL INJURY CLAIMS SUBJECT TO A THREE-YEAR DEADLINE?

No. Three years is the general rule for many civil claims in Maryland, but the deadline depends on the type of claim and the circumstances.

For example, special rules may apply when an injury involves a government agency, when an injury is discovered later, or when another law sets a different time limit. The date a claim legally begins to accrue can also depend on the facts.

That means someone should not automatically assume they have three years from the day an accident happened. They should identify the applicable deadline as early as possible.

I CONTACTED THE INSURANCE COMPANY. IS THIS GOOD ENOUGH?

Reporting an accident or opening an insurance claim generally does not satisfy the deadline for filing a lawsuit. Insurance companies and courts follow different processes. Even if an insurance company is still reviewing a claim or discussing a possible settlement, the legal deadline may continue to approach.

It is important to identify the applicable deadline and make sure the person responsible for taking legal action knows when it expires. Speak with an Attorney to learn the specifics in your case.

Even if you are still receiving treatment, attending physical therapy, or waiting to learn the full extent of your injury, the Statute of Limitations applies. Medical treatment and legal deadlines are separate issues. Continuing treatment won't extend the timeline. The safest approach is to identify potential deadlines early while continuing to address medical needs.

WHAT STEPS SHOULD I FOLLOW TO PROTECT MYSELF AND MY CASE?

• Identify possible deadlines early.

  • Do not assume the deadline is always three years from the accident.

• Check for special requirements.

  • Claims involving government entities or other special circumstances may have additional deadlines or procedures.

• Keep records.

  • Save relevant accident information, correspondence, medical records, and insurance communications.

• Clarify who is responsible for meeting each deadline.

  • If working with an attorney, ask which deadlines apply to you and what steps must be completed by other parties.

• Avoid waiting for negotiations to end.

  • Settlement discussions do not automatically pause the legal deadline.

Call Ledyard Law today for a free consultation!