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Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

What Is The Statute Of Limitations For A Baltimore, Maryland Personal Injury Claim?

It’s three years for negligence. Most people who don’t work in the legal system are familiar with the “statute of limitations”. But, are there other time limits that apply? As attorney Eric T. Kirk will tell you, if your claim is a tort [e.g. negligence] claim against the State of Maryland, you must notify the state treasurer of the claim with 1 year of the occurrence or the suit will be disallowed, even though the statute of limitations may not run for 2 more years. If your claim is a tort claim against a local government entity, your personal injury lawyer must notify the designated representative within 12 months of the occurrence or the claim will be disallowed, even though the statute of limitations may not run for 2 more years. The previously harsh 6-month time frame has been recently changed by the legislature to bring it in accord with the notice requirements for the State.1

Baltimore Car Accident Lawyer Tip: Maryland law provides special time limits and notification requirements.Claims against certain governmental entities have more stringent requirements.  

An experienced Baltimore personal injury attorney can provide you with guidance on these specific procedures. The general time frame for filing an action for personal injury is three years. That means you must have papers filed with the court before the third anniversary of the loss.

What Is the Statute of Limitations for Baltimore Car Accidents?

The statute of limitations is a law that sets a strict deadline for bringing a legal claim or lawsuit. Once that deadline passes, a person generally loses the right to pursue the case in court. Legislatures create these time limits to promote fairness, ensure that disputes are resolved in a timely way, and prevent old claims from lingering indefinitely.

What Deadline Is Set By the Statute of Limitations for Baltimore Car Accidents?

3 years.

Purpose of Statutes of Limitations

The central idea behind a statute of limitations is that evidence becomes less reliable over time. Memories fade, witnesses move or pass away, and physical evidence can be lost or degraded. By imposing a deadline, the law encourages individuals to pursue these Baltimore car accident claims while evidence is still fresh and available. This promotes fairness to both sides: the person bringing the claim has an incentive to act diligently, and the person defending the claim is protected from facing a lawsuit decades after an incident when a fair defense might no longer be possible.

Uncloaking How a Statute of Limitation Works

Each state sets its own statutes of limitations, and the deadlines vary depending on the type of case. For example, in civil matters, Baltimore personal injury negligence claims need to be filed within three years of the date of the accident. [Criminal cases also have statutes of limitations, although for the most serious offenses — such as murder — many states have no time limit at all, meaning prosecutors can bring charges regardless of how much time has passed.]
The countdown typically begins when the injury or wrongful act occurs. However, there may be important exceptions. Some jurisdictions apply what is called the “discovery rule”, which means the clock does not start running until the injured person knew, or reasonably should have known, about the injury and its cause. This is especially relevant in cases involving hidden injuries or illnesses that take time to appear, such as exposure to toxic substances or medical errors that only become apparent later. There is an outer maximum limit, and a Plaintiff must always act diligently.

What is “Tolling” in Relation to the Statute of Limitations

Certain circumstances can pause, or “toll,” the statute of limitations. For example, if the injured person is a minor, the clock may not begin until they turn 18. In some cases mental incapacity or infirmity can also toll the statute. These rules exist to prevent unfairness when a person cannot reasonably be expected to file a claim on time.

Consequences of Missing the Deadline

If the statute of limitations runs out, the claim is usually barred permanently. Baltimore courts will typically dismiss a case filed too late, regardless of how strong the underlying evidence might be. This makes it critical for anyone who believes they have a legal claim — whether for personal injury, breach of contract, or another matter — to understand and comply with the relevant deadlines.

In this clip, I discuss the role of limitations and other notice and time requirements that affect your personal injury claim.