If you’ve been injured due to someone else’s negligence, it’s crucial to understand that there is a strict time limit for seeking justice and recovering damages. But what happens if you miss that deadline? Are alternative legal options still available? Please continue reading to find out and contact an experienced Prince George’s County Personal Injury Attorney today for professional guidance.
How Long Do I Have to File a Personal Injury Claim in Maryland?
First and foremost, it’s crucial to understand that the statute of limitations refers to the legally mandated deadline within which an injured party can file a lawsuit against someone who has caused them harm. A strict deadline is enforced to ensure that personal injury cases are pursued while evidence is still fresh and witnesses are available, ensuring that cases do not linger indefinitely.
The clock usually begins ticking on the date of the accident or injury. In Maryland, you typically have three years after the act that caused you harm to pursue a lawsuit. However, the “discovery rule” may apply, meaning the clock starts when you discover or should have reasonably discovered that you were injured.
Furthermore, it’s important to note that the statute of limitations may be tolled (paused) when legal, mental, or physical disabilities prevent the plaintiff from pursuing a claim, or if the defendant hides the cause of action. At McCarthy, Winkelman & Mester, L.L.P, we are prepared to help you determine the statute of limitations rule that applies to your case.
Are There Special Rules for Claims Against Government Entities?
Maryland, like other states, has strict special rules for claims against government entities. This includes a much shorter deadline for filing your claim than the standard three-year statute of limitations. Generally, you must file a Notice of Claim within 90 days of the injury to inform the municipality that they may be subject to legal action and provide them the opportunity to investigate the merits of your claim. If you fail to meet this strict deadline, your lawsuit will be permanently barred.
What Happens If I Fail to File My Claim Within the Statute of Limitations?
If you have to file your personal injury claim within the allotted timeframe, you will face the absolute bar of recovery. Essentially, you risk forfeiting your right to pursue legal action for your losses. If you try to file after the deadline, the court will dismiss your case.
At McCarthy, Winkelman, & Mester, L.L.P., we are prepared to guide you through every step of the legal process ahead and ensure you meet strict filing deadlines. Connect with our firm today to schedule your consultation.
