Statute of Limitations for Filing a Personal Injury LawsuitDecember 24, 2018
In the state of Maryland, if you are injured in a car accident, and want to file a personal injury lawsuit against the other motorist involved, you must do so within a certain amount of time. This is known as the statute of limitations. In Maryland, there is a three-year statute of limitations, after which time the claim will no longer be accepted. While you legally have a full three years to proceed with the claim, it is highly recommended that you contact a skilled car accident lawyer as soon as possible to ensure that your legal rights are protected and that you are compensated for your injuries, and any property damage.
According to the Maryland Courts & Judicial Proceedings Code section 5-101, the civil action must be taken within three years of the date of the accident. This applies to most lawsuits, including car accidents, slip and fall accidents, and others that are caused by the negligence of another person. In other words, if another driver was not paying attention and hit your car, and you suffered a serious injury, your statute of limitations to file a lawsuit against the other driver begins on the date of the accident. In cases involving intentional assault or defamation, the statute of limitations in Maryland is one year.
Legal Options If You Missed the Deadline
If you file a personal injury lawsuit after the three-year period, your case will likely be dismissed. The three-year statute of limitations gives you plenty of time to take your personal injury case to court. If you did not take the necessary steps to get your lawsuit filed, you will not have much negotiating power, and the court does not grant extra time. As a result, you will not be financially compensated for any property damage or injuries you sustained from the accident. That is why it is important to take proactive steps immediately following the crash.
There are exceptions that allow you to file after the deadline has passed, or that may extend the deadline date. For example, if you have a legal disability, are under the age of 18, or you are mentally incompetent, the official clock does not start until you turn 18, the disability ends, or you are declared legally competent. Another exception is if the person responsible for causing the accident attempts to conceal his or her liability. If this happens, the statute of limitations will not start until the fraud is discovered by the injured victim.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Advocate for Car Accident Victims
If you have been injured in a car accident, it is important that you file a personal injury claim as soon as possible. The Baltimore car accident lawyers at LeViness, Tolzman & Hamilton will walk you through every step of the claims process and make sure that you meet every important deadline. We will protect your legal rights and secure the maximum financial compensation you deserve for your injuries. We will not stop fighting for you until justice has been served. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.