At Holman & Dickriede Attorneys at Law, one of the most common questions we hear from injury victims is: “How long do I have to file a personal injury claim in Baltimore?” It’s a critical question because missing the filing deadline can mean forfeiting your right to any compensation, no matter how severe your injuries may be or how the other party was at fault.
Understanding Maryland’s legal timelines is essential to protecting your future. If you’ve been hurt due to someone else’s negligence, knowing how long you have to act—and why acting quickly matters—is one of the first steps toward a successful recovery.
Here, we’ll break down the legal timeframes, exceptions, and real-world considerations that can impact your case. If you require additional assistance, please contact our Baltimore personal injury lawyers to schedule a complimentary consultation.
What Is the Statute of Limitations in Maryland?
In Maryland, the statute of limitations for most personal injury claims is three years. That means from the date of your injury, you generally have three years to file a lawsuit in civil court against the responsible party. This is outlined under Maryland Courts and Judicial Proceedings Code § 5-101.
So, for example, if you were injured in a car accident in Baltimore on June 1, 2023, you would have until June 1, 2026, to file a personal injury lawsuit. This three-year deadline applies to a wide range of cases, including:
- Car accidents
- Truck accidents
- Slip and fall injuries
- Product liability
- Dog bites
- Construction site accidents
If you try to file after the statute of limitations expires, the court will likely dismiss your case, and you’ll lose your right to seek damages, even if your claim is valid.
Why Time Matters More Than You Think
Three years may seem like a long time, but in the legal world, it’s not. There are several reasons why we, as experienced personal injury attorneys in Baltimore, encourage people to act quickly:
- Evidence can disappear. Surveillance footage is deleted, physical evidence is cleaned up, and vehicles are either repaired or scrapped.
- Witness memories fade. The more time passes, the less reliable eyewitness accounts become.
- Insurance companies’ delay tactics. Insurers may try to stall you, hoping the statute of limitations will expire.
- Legal preparation takes time. Building a strong personal injury case involves gathering records, working with experts, and potentially negotiating with insurers or defendants.
The earlier you contact a PI lawyer in Baltimore, the more control you’ll have over your case and your options.
When the Clock Starts: Injury Date vs. Discovery Rule
Although the default deadline is three years from the date of injury, there are exceptions to this rule. One of the most important is the discovery rule.
Under this rule, if you didn’t discover—and reasonably couldn’t have discovered—the injury or its connection to the negligent act right away, the clock starts when you became aware (or should have become aware) of the harm. This often comes up in cases involving:
- Exposure to toxic substances
- Surgical errors or misdiagnosis
- Hidden product defects
Let’s say a surgeon left a foreign object in your body during an operation, but you didn’t know until a scan two years later. In that case, the statute of limitations would likely begin on the date you discovered the object, not the date of the surgery.
Maryland courts apply the discovery rule on a case-by-case basis. That’s why it’s crucial to speak with a Baltimore personal injury lawyer as soon as something seems wrong.
What If the Injured Person Is a Minor?
If a child under 18 is injured in Maryland, the law provides them with additional time to take action. The three-year statute of limitations doesn’t start running until the child turns 18. That means the child has until their 21st birthday to file a personal injury claim.
This rule applies in many situations, including:
- Children injured in school-related accidents
- Bike or pedestrian accidents involving minors
- Dog attacks involving young children
As a parent or guardian, you can still file a claim on the child’s behalf before they turn 18. Doing so promptly ensures access to evidence and medical records while they’re still fresh and available.
Filing Claims Against Government Entities
If your injury involved a government employee, agency, or property, such as a city-owned bus, a pothole on a public road, or negligence by a public school, you must follow special rules.
In Maryland, before you can sue a government entity, you must provide written notice of your claim within one year of the injury. This requirement is specified under the Maryland Tort Claims Act and applies to both state and local entities.
Your notice must include:
- Your name and address
- A statement of the injury
- The time, place, and cause of the injury
If you fail to meet this one-year notice deadline, your claim may be barred—even if you still have time left under the standard three-year statute of limitations. Our Baltimore personal injury law firm can help ensure your notice is submitted correctly.
Medical Malpractice Claims: Different Rules Apply
Medical malpractice cases are subject to slightly different deadlines. Under Maryland law, the statute of limitations for medical malpractice is the earlier of:
- Five years from the date of the injury, or
- Three years from the date the injury was discovered
So, if a surgical error injured you but were only discovered two years later, you would have one more year to file, making the total three years from the date of discovery.
Additionally, all medical malpractice claims in Maryland must first be filed with the Health Care Alternative Dispute Resolution Office before they can be pursued in court. This is an additional step that requires time, so taking action early is essential.
Wrongful Death Claims
If you lost a loved one due to someone else’s negligence, such as in a fatal car accident or due to medical malpractice, you may be eligible to file a wrongful death claim.
In Maryland, the statute of limitations for wrongful death is three years from the date of death. The clock doesn’t start from the date of the injury but from the actual date the person passed away.
Wrongful death claims can be brought by certain family members, typically spouses, parents, and children. As experienced injury lawyers in Baltimore, MD, we handle these emotionally complex cases with compassion and clarity.
What Damages Can You Recover in a Personal Injury Case?
- Medical expenses (past and future)
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of consortium (in wrongful death cases)
At Holman & Dickriede, we take the time to assess the full impact of your injuries and work to secure the maximum compensation available.
What Happens If You Miss the Deadline?
Unfortunately, if you file a personal injury lawsuit after the statute of limitations has expired, the defendant can ask the court to dismiss your case, and the court will almost certainly agree. At that point, your legal options are gone.
There are very few exceptions where courts will allow late filings, and these are typically reserved for cases involving fraud, concealment, or extreme incapacity.
Don’t risk missing your chance. Talk to a Baltimore personal injury lawyer early to avoid mistakes that could jeopardize your recovery.
Why Choose Holman & Dickriede?
We are proud to serve as trusted personal injury attorneys in Baltimore. Our firm brings decades of experience helping people just like you navigate Maryland’s complex legal system. We know the local courts, we understand the judges and insurance companies, and we’re committed to fighting for what’s right.
Clients choose us because we:
- Provide personal attention and regular updates
- Work on a contingency fee basis—you don’t pay unless we win
- Thoroughly investigate every case
- Have experience negotiating high-value settlements
- Are prepared to go to trial when necessary
We don’t treat cases like files—we treat them like lives. Because to you, this isn’t just a legal case—it’s your future. And we take that responsibility seriously.
Frequently Asked Questions (FAQ)
What if I’m partially at fault for the accident? Can I still file a claim in Maryland?
Maryland follows a strict contributory negligence rule. If you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This harsh rule makes it especially crucial to work with a skilled Baltimore personal injury lawyer who can thoroughly investigate the facts and defend you against blame-shifting tactics by insurance companies.
Can I still file a claim if the person who injured me doesn’t have insurance?
Yes, you may still have options. If the at-fault party is uninsured or underinsured, you can file a claim under your own auto policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage, if applicable. In certain situations, other third parties, such as employers or property owners, may also share liability.
What should I do if an insurance adjuster contacts me?
Avoid giving a recorded statement or accepting a settlement before consulting with an attorney. Insurance adjusters are trained to minimize payouts and may use your words against you. Let a personal injury attorney in Baltimore handle communications to protect your claim.
Can I file a claim without having to go to court?
Yes. Most personal injury claims are resolved through settlement negotiations and do not proceed to trial. However, we prepare every case as if it will go to court to strengthen your negotiating position and ensure you’re ready if litigation becomes necessary.
What types of injuries qualify for a personal injury claim?
You can file a claim for a wide range of injuries, including traumatic brain injuries, spinal cord damage, broken bones, internal injuries, burns, lacerations, and emotional trauma, as long as another party’s negligence caused the harm.
Don’t Wait
If you or a loved one has been injured due to someone else’s negligence in Baltimore, don’t wait to get the legal guidance you need. The clock is ticking, and missing key deadlines could cost you everything. Whether your case involves a car crash, slip and fall, medical malpractice, or another type of accident, our experienced team is ready to help.
At Holman & Dickriede, we fight to protect your rights, your recovery, and your peace of mind. Let our Baltimore personal injury law firm put our knowledge and determination to work for you.
