How Long Do I Have to File a Personal Injury Claim in Maryland?

One of the most common questions we hear from injured clients is: "How much time do I have?" The answer matters more than most people realize. In Maryland, missing the deadline to file a personal injury claim can permanently bar you from recovering any compensation — no matter how strong your case is and no matter how seriously you were injured.

This article explains Maryland's statute of limitations for personal injury claims, the critical exceptions that can shorten or extend your deadline, and why you should never wait to speak with an attorney.

What Does the 3-Year Deadline Cover?

The three-year statute of limitations applies to most personal injury cases in Maryland, including:

• Car and truck accidents
• Slip and fall accidents
• Dog bites
• Premises liability (unsafe conditions on someone's property)
• Assault and battery
• Police brutality and civil rights violations
• Wrongful death (with some specific rules discussed below)

The clock starts running on the date the injury occurred — not when you decided to speak to a lawyer, not when insurance negotiations broke down, and not when you finished medical treatment. The date of injury is the triggering event in most cases.

Critical Exceptions That Change Your Deadline

The three-year rule has important exceptions. Getting these wrong is one of the most costly mistakes an injured person can make:

Exception 1: The Discovery Rule

In some cases, an injury is not immediately apparent. The "discovery rule" provides that the statute of limitations begins running when you knew, or reasonably should have known, that you were injured and that someone else may be responsible. This most commonly arises in medical malpractice cases — for example, when a surgeon accidentally leaves a surgical instrument inside a patient and the patient does not discover the error for months or years.

However, the discovery rule has limits. Even under the discovery rule, most personal injury claims — including medical malpractice — must still be filed within five years of the date the injury actually occurred, regardless of when it was discovered.

Exception 2: Injuries to Minors

If the injured person is under 18 at the time of the injury, the three-year clock does not start until their 18th birthday. This means a child injured at age 10 would generally have until their 21st birthday to file a claim. This exception reflects the policy that minors should not lose legal rights simply because their parents failed to act on their behalf.

Exception 3: Claims Against Government Entities

This is one of the most important and most frequently overlooked exceptions — and it shortens your deadline rather than extending it. If your injury was caused by a Maryland state agency or employee, you must provide written notice of your claim to the Maryland State Treasurer within one year of the date of injury, under the Maryland Tort Claims Act. For claims against a county or local government, similar notice requirements apply and deadlines vary by jurisdiction. Failing to file this notice on time can destroy an otherwise valid claim entirely.

Exception 4: Wrongful Death

When a personal injury leads to a death, the surviving family members generally have three years from the date of death to file a wrongful death claim — not three years from the date the negligent act occurred. However, when the death occurs more than three years after the negligent act, the analysis becomes more complex and requires careful legal review.

Exception 5: Mental Incapacity

If the injured person is legally mentally incompetent at the time of the injury, the limitations clock does not begin running until the disability is removed. This exception exists to protect those who are not legally capable of managing their own affairs.

Deadlines at a Glance

Why You Should Not Wait

Even if you have three years on paper, waiting to contact an attorney is almost always a mistake. Here is why:

• Evidence disappears. Surveillance footage is overwritten, witnesses move away or forget details, and physical evidence degrades. The stronger your case, the sooner you need to preserve it.
• Insurance companies are not your friend. If you are in negotiations with an insurer and the deadline approaches, they may stall intentionally. If you do not have a lawsuit on file, your leverage disappears entirely.
• Government notice deadlines are much shorter. If a government entity is involved and you are unaware of the one-year notice requirement, you could lose your right to sue before you ever realize the clock was ticking.
• Medical documentation matters. Starting your case early allows your attorney to ensure all injuries are properly documented, which is critical to the value of your claim.

This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Statute of limitations rules are highly fact-specific. Contact The Cohen Law Firm at 410-332-0414 for advice specific to your situation.

Adam Sean Cohen, Esq.

Adam Sean Cohen has represented personal injury clients throughout Maryland for over 30 years, including auto accident, medical malpractice, police brutality, and wrongful death cases. He is a Super Lawyers honoree with an AVVO rating of 10.0. Learn more →