If you have been injured due to someone else’s negligence, understanding your legal options is crucial for securing the compensation you deserve and need to get your life back on track. Most people are unaware of the specific deadlines for filing a personal injury claim. Continue reading to learn about Maryland’s statute of limitations for personal injury claims and how a skilled Prince George’s County Personal Injury Attorney can help safeguard your rights.
What is the Statute of Limitations for Most Personal Injury Claims in Maryland?
First and foremost, it’s important to understand that the statute of limitations in Maryland establishes the deadline for initiating legal proceedings subsequent to an injury. Failure to commence legal action within the stipulated timeframe will result in your claim being dismissed by the court, and you will lose the ability to pursue compensation. Essentially, you will face the absolute bar of recovery.
For the majority of personal injury claims in Maryland, the statute of limitations sis three years. This means a lawsuit must be filed within three years from the date of the injury. It’s important to note that the statute of limitations may deviate from the general standard. In medical malpractice cases, the statute may begin when the injury is discovered or should have reasonably been discovered, rather than when the injury occurred.
For cases involving minors, the statute begins when they turn 18. Conversely, in wrongful death claims, the statute is typically three years, but it commences from the date of the person’s death. Swift action is crucial. Although there is a three-year window, it’s best to file your claim as soon as possible to preserve your rights.
How Do I File a Claim Against the Government?
To file a claim against a municipality in Maryland, you must first file a Notice of Claim with the appropriate office within one year of the incident. The statute of limitations for claims against a state or local government entity or its employees is much shorter. Government agencies are often shielded from lawsuits under sovereign immunity. However, the Tort Claims Act waives this protection under certain circumstances. This shorter deadline ensures that claims are handled while evidence is readily available and memories are fresh. Additionally, governments are provided with sufficient time to investigate the merits of a claim before action is officially taken.
If you fail to file your claim within the specified timeframe, your case will be dismissed by the court. Unfortunately, you will lose your right to pursue legal action and seek compensation for your damages, regardless of the merits of your case.
To ensure your case is filed within the right timeframe, please don’t hesitate to contact an experienced attorney at McCarthy, Winkelman, & Mester, L.L.P.
