Have you been injured in an accident that was the fault of someone else? You may have grounds to file a personal injury lawsuit, if you are within the legal timeframe for filing. Consult with a personal injury lawyer in Maryland for advice on when is the best time to file.
How Long Do I Have to File a Personal Injury Lawsuit in Maryland?
The statute of limitations is the legal term for the time period within which a legal action, such as filing a lawsuit, must happen. In Maryland , the statute of limitations for filing a personal injury lawsuit is two years from the day the accident happened.
The reason for a time limit is to make sure a lawsuit is conducted fairly; evidence disappears or becomes compromised as time passes and witnesses’ memories fade or becomes confused. A personal injury lawsuit filed after the two-year period will be dismissed, unless there is a legally valid exception.
Some Exceptions to the Two-Year Rule
Cases Involving Government Entities
If your personal injury case involves a government entity, you generally must file a notice of claim with the appropriate government agency before you can file a lawsuit. A notice of claim is informing the agency that you intend to file a lawsuit. In Maryland, you usually have one year from the date of the incident to file a notice of claim. You then have one year from when you file the notice of claim to file the lawsuit.
Cases Involving Minors
If the injury happened to a minor, then the statute of limitations will not begin until the child reaches their 18th birthday. They then have two years from the date of their 18th birthday to file a lawsuit, if they wish.
Tolling for Disability
If the plaintiff is mentally incapacitated by the injury, then the statute of limitations is tolled, or paused, while they are not mentally capable of handling their legal affairs. This can happen, for example, if the victim is in a coma due to the injury or suffers a mental health condition as a result. Once they regain their mental capacity, they have two years from that point to file a lawsuit.
The Discovery Rule
The discovery rule means that the statute of limitations begins from the date when the injury was discovered (or should have been discovered under reasonable circumstances). This may happen, for example, in cases of medical malpractice where the victim was not immediately aware of the injury, or in cases involving exposure to toxic substances which caused delayed symptoms. The discovery rule is also often applied in cases involving fraudulent concealment of injury or injury due to a defective product where the defect was not immediately apparent.
Consult a Personal Injury Lawyer in Maryland
If you have any questions or concerns about whether to file or when, the best thing is to consult a lawyer who knows the field of personal injury law. No two personal injury lawsuits are the same; an experienced lawyer will be able to listen to the details of your situation and advise you as to the best course of action.
If you need advice or assistance in filing a personal injury lawsuit, reach out to Lead Science Personal Injury in Derwood, MD.
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