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How Long Do You Have to File a Personal Injury Lawsuit?

  • Mar 31
  • 3 min read

The idea of a personal injury lawsuit can seem overwhelming, so in the immediate aftermath of an accident, you may not be ready to start a claim. A personal injury lawyer can guide you through the process, making it easier to file a claim and obtain the compensation you’re entitled to. In this guide, we examine the time constraints for filing a lawsuit in Maryland, and the exceptions that apply.


If You’re facing a possible personal injury claim or want to know if you have a case contact the McKenzie & Tehrani office calling 301-209-7024 or fill out our quick contact form to get started! Let us Fight for you!


How Long Do You Have to File a Personal Injury Lawsuit in Maryland?


Do Personal Injury Lawsuits Need to Be Filed Immediately?

Each state has a statute of limitations for personal injury claims. This specifies how long you have to file a lawsuit for any injuries and losses you sustained. In Maryland, the statute of limitations is usually three years.The statute of limitations applies to the initiation of legal action, not the final settlement. However, it is recommended that you contact a personal injury attorney as soon as possible. Access to fresh evidence increases the likelihood of a successful claim.

Why Are There Time Limits on Personal Injury Claims in MD?

Each state imposes a statute of limitations that restricts the time available to file a personal injury claim. This prevents unfair outcomes, as evidence disappears and witnesses may become unavailable.The courts strictly enforce the statute of limitations, but exceptions exist. This means that it’s important to seek legal advice even if you think your claim might be time-barred.

What Happens If the Lawsuit is Filed After the Permitted Time?

In most cases, the three-year period runs from the date of your injuries. If you don’t initiate legal action within this period, the court may dismiss your claim entirely. The only exceptions are when a valid legal exemption exists.

What Are the Exemptions to the Statute of Limitations?

Certain exceptions to the standard statute of limitations include:

  • Being a minor when injured

  • Mental incapacitation

  • Cases of fraud and/or abuse

  • Incarceration

  • An unidentified hit-and-run driver

  • Defendants who have disappeared

  • Filing for bankruptcy

  • Discovery of injuries after three years

For medical malpractice claims, the statute of limitations is either five years from the date of injury or three years from when the injuries were discovered, whichever is shorter.

Claims Against the Authorities

Claims against either local or state government bodies may be subject to a different statute of limitations. In some cases, you may only have 12 months to file a lawsuit. Such cases are particularly complex and require swift legal advice and action.

Consult a Mckenzie & Tehrani Personal Injury Lawyer

If you have been injured and believe another person is liable, consulting a personal injury attorney is your best course of action. Various exceptions may apply, and a legal professional can determine whether your claim qualifies. It’s advisable to seek legal advice as soon as possible, but a skilled lawyer can assist with delayed claims too.With a proven track record in handling complex personal injury claims, we are confident in our ability to help you secure the compensation you deserve. Get in touch with our team at McKenzie & Tehrani Law Firm in Rockville, MD call us now at 301-209-7024 to schedule your first consultation. We also serve Greenbelt, MD, and the surrounding areas. 

 
 
 

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