When you suffer an injury because someone else acted carelessly or recklessly, your life can change in an instant. Medical bills start piling up. Time off work affects your financial stability.
The pain, both physical and emotional, can feel overwhelming. In these moments, the last thing you want to consider is a legal deadline. Yet waiting too long to take action could mean permanently losing your right to compensation.
At Holzman & Dickriede, we help injured individuals across the area navigate these difficult times with clarity, compassion, and confidence. As a seasoned team of Baltimore personal injury lawyers, we want you to fully understand the statute of limitations and how it impacts your case. Time is not just ticking; it is critical.
The Basic Rule: Three Years to File Most Personal Injury Lawsuits
In Maryland, the general statute of limitations for personal injury cases is three years. This means you typically have three years from the date your injury occurred to file a lawsuit in civil court. Whether your injury was caused by a motor vehicle accident, slip and fall, dog bite, or defective product, this three-year window applies to most claims.
If you do not file your case before the deadline expires, the court will most likely dismiss it. Once that happens, you will lose your right to pursue compensation, even if the facts are clearly in your favor.
This is why working with a personal injury attorney in Baltimore, MD, as early as possible is essential. We ensure that your claim is filed within the legally required timeframe, protecting your rights from the start.
The Discovery Rule: When the Injury Is Not Immediately Known
There are some situations where an injury is not discovered right away. For example, a surgical mistake may not reveal itself until years after the operation. In these cases, Maryland follows what is called the “discovery rule.” Under this rule, the statute of limitations does not begin on the actual date of the injury, but rather on the date when the injury was discovered or reasonably should have been discovered.
This rule helps individuals who were unaware of their injuries through no fault of their own. However, the courts still expect reasonable diligence. If someone had discovered the injury sooner through ordinary care, the clock may still start ticking earlier than they expect.
Important Exceptions: Special Rules for Certain Cases
Injured Minors
When the injured person is a minor, the three-year statute of limitations does not begin until their eighteenth birthday. That means a child who was hurt in an accident can typically file a personal injury lawsuit up until their twenty-first birthday.
However, it is rarely wise to wait that long. As injury lawyers, we often help families take action sooner to preserve evidence and ensure a stronger case.
Government Entities
When the at-fault party is a government agency or employee, such as a city bus driver or a public works crew, different rules apply. Before you can file a lawsuit against a government entity, Maryland law requires that you provide written notice of your claim within one year.
This notice must include basic facts about the injury, including where and when it happened and who was involved. If you fail to meet this deadline, the court may dismiss your claim regardless of its merits.
Medical Malpractice
Medical malpractice claims follow a slightly different statute of limitations. You must file within the earlier of either five years from the date the injury occurred or three years from the date the injury was discovered. These cases also involve unique procedural steps, including a filing with the Maryland Health Care Alternative Dispute Resolution Office before the matter can be heard in court.
Wrongful Death Cases
If a loved one passes away due to someone else’s negligence, the statute of limitations begins on the date of death, not the date of injury. Families then have three years to file a wrongful death lawsuit. We understand how emotionally difficult this time can be, and we are here to guide you with care and legal strength every step of the way.
No Room for Error: Why You Must Act Without Delay
Maryland is one of the few states that does not allow “equitable tolling” of the statute of limitations. This means there are very few exceptions to extend the filing deadline. Courts take these time limits seriously, and missing a deadline—even by a single day—can result in your case being thrown out.
The earlier we get involved, the more options we have to protect and strengthen your case. Delaying can lead to lost evidence, faded witness memories, and difficulties in proving liability. Insurance companies often use these delays against injured individuals. They know the longer you wait, the weaker your position becomes. By contacting a personal injury attorney in Baltimore, MD right away, you give yourself the best chance at a successful recovery.
What Our Law Firm Brings to Your Case
We are not just lawyers. We are lifelong legal advocates for Baltimore residents who have been harmed through no fault of their own. At Holzman & Dickriede, we bring generations of experience, trial-tested skill, and a people-first approach to every case.
We understand how to interpret and apply the state’s complex statute of limitations laws to a variety of situations. Whether your injury happened on a busy street in downtown Baltimore, at a local hospital, or in a quiet residential neighborhood, we know how to build a case that is tailored to your situation and the law.
We take the time to listen, investigate thoroughly, and communicate clearly. We know how to handle insurance adjusters and defense lawyers who try to delay and deny. And we never stop fighting for what is fair and right for our clients.
Frequently Asked Questions About Filing Deadlines
What if I am partially at fault for the accident?
Maryland follows a strict contributory negligence rule. If you are found to be even one percent at fault, you may be barred from recovering any compensation. That is why it is essential to speak with an experienced Baltimore personal injury lawyer before giving statements to insurers or signing any paperwork.
Can I still file a claim if I did not feel hurt right away?
Yes. Some injuries take time to show symptoms. However, the clock still begins either on the injury date or when you should have reasonably discovered the injury. Seeking medical attention immediately and speaking with an injury lawyer can help avoid costly mistakes.
What if the at-fault person left the state?
In some cases, the statute of limitations can be paused if the defendant leaves the state or attempts to avoid responsibility. However, these situations are complex and rare. It is best not to rely on this possibility and to act quickly.
Do I have to go to court?
Not necessarily. Many personal injury claims settle outside of court through negotiations. However, we prepare every case as if it will go to trial. That preparation ensures that you have the strongest possible case, whether at the negotiating table or before a judge.
Take Action Today Before Time Runs Out
The statute of limitations is more than a technical rule; it is the dividing line between having your day in court and having the courthouse doors permanently closed. Waiting can cost you everything you deserve. Your physical recovery may take time, but your legal recovery should begin as soon as possible.
At Holzman & Dickriede, we stand ready to help. We offer free consultations, honest advice, and unwavering support. If you or a loved one has been injured in Baltimore, contact us today. Let us help you understand your rights and protect your future before time runs out.
