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What Is The Statute Of Limitations On A Personal Injury Claim In Maryland?
Last Updated on: December 15th, 2023
In Maryland, the statute of limitations for filing a personal injury claim varies depending on the type of injury and the party involved. In certain instances, statutes of limitations can be extended or paused. If you require personal injury representation, contact an attorney.
They can guide you through the legal proceedings in adherence to Maryland?s statute of limitations. If you fear you have missed the deadline for filing your claim, a lawyer can advise on whether the statute of limitations can be extended.
Apart from this, a personal injury lawyer will ensure that you receive fair compensation for the injuries you have suffered and other losses. Here is what you should know about Maryland?s statute of limitation for personal injury claims!
Personal Injury Statute of Limitations
The statute of limitations is the legal timeframe in which you must file a lawsuit against a party who has wronged you. The statute of limitations in Maryland for most personal injury cases, such as car accidents, slip and fall incidents, or medical malpractice, is three years from the date of the accident.
However, there is a specific rule that dictates when the statute of limitation begins in certain situations, namely, the discovery of harm rule. Injuries in car accidents or slip-and-fall cases are evident, and the clock begins to tick from when the incident occurs.
However, certain personal injuries, such as those caused by medical malpractice, aren?t always evident right away. This is where the discovery of harm rule dictates how and when the statute of limitations begins.
Many victims are unaware of the negligence or malpractice that occurred, and they discover the harm later. In this situation, the statute of limitations begins when the injury is discovered, and you still have three years to file your lawsuit.
Wrongful Death Statute of Limitations
In some situations, personal injuries result in death. This is when close family members of the deceased or other legal representatives of the deceased estate can file a wrongful death suit to receive compensation for the loss of the loved one.
In Maryland, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the individual?s death under MD. Code Ann., Cts.&Jud. Proc. § 3-904(g)(1). If the family of the deceased or other representatives do not file a wrongful death claim within three years from the date of death, they likely lose their right to sue.
Product Liability Statute of Limitations
Sometimes, personal injuries are caused due to malfunctioning or defective products. You can file a claim against the product manufacturer for your personal injuries. The statute of limitations on product liability in Maryland is also three years from the date of the injury.
However, there is a statute of response that limits the period to file a claim to a maximum of 12 years from the date the product was first sold or leased.
Claims Against Government Entities
If your personal injury claim involves a government entity or employee ? such as a claim against a local government or a state agency ? you must comply with specific notice requirements and shorter time limits. Generally, you must provide notice within one year of the injury and file a lawsuit within two years, but it depends on the entity you intend to sue.
To understand the legal timeframe available to file a personal injury claim against another party or entity, you should speak with a personal injury lawyer. They can help you understand how much time you have left or if there are ways to extend the statute of limitations so that you can pursue your claim, obtain fair compensation, and receive justice.
What Are The Roles And Responsibilities Of A Personal Injury Lawyer?
The role of the personal injury lawyer becomes paramount in getting your claims. They are highly professional. However, we discuss a few points on the prime roles and regulations of the personal injury lawyer in this section.
Collecting Evidence
Whether it is a truck accident, a car accident, or, say, the sidewalk falls- you are the one who is on the loser’s side. Their primary role or responsibility is to ensure that their clients get the due justice.
They look at all the areas therefrom they collect evidence. They may collect medical records or some other aspect of the investigation. Evidence collection in favor of the client becomes key to extracting the claims.
Dealing With The Insurance Company
Another important task that rests on the shoulders of the personal injury claim lawyer is talking with the insurance company. When the insurance company receives notification of the claims, they start their own investigation.
They will contact the plaintiff?s counsel and then discuss the claims. They also have their lawyers. The personal injury attorney does everything so the client gets the due compensation.
Preparing
The lawyer must prepare for the complaint and, after that, a complaint against the defendant. They have to prepare the strongest possible case so that it helps them win the case in court. Representing the client in the trial room takes work.
However, you have to understand the nitty-gritty of the extensive paperwork. Your appointed law firm takes all the decisions to understand it here. Preparing this paperwork well requires extensive time. It’s always better to shed your responsibilities on an experienced law firm.
Conclusion
As we mentioned above, the courtroom becomes a battleground of arguments, logic, and evidence. Your hired attorney does the best to ensure you are armed with the best knowledge and benefits. A legal bout occurs Throughout the proceedings, exchanging arguments and counterarguments. Then, your attorney must establish contact with you and confirm all the information requested in the pleadings.
Your attorney will also finalize all of these pleadings on your behalf. They exploit all their resources so that you win the case. But they can also use their network to settle the compensation and the case outside the court so that you do not have to understand it here.
For legal assistance in Maryland, contact (410) LAW-YERS.
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