A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Maryland for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Maryland lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 3 years.
Libel-Slander-Defamation:
These types of actions must be filed within 1 year from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 5 years of the date of the act resulting in the medical malpractice injury, or within 3 years of the date the injury was, or should have been, discovered. Where the injured party is a minor under the age of 11, the limitations period begins to run on his or her 11th birthday. If a minor under the age of 16 suffers an injury to his or her reproductive system, or a foreign object was left in his or her body, the limitations period begins to run on the minor’s 16th birthday.
Personal Injury:
Personal injury actions must be filed within 3 years from the date of the injury, except for personal injury actions based on intentional torts, which must be filed within 1 year from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 3 years from the date of the injury.
Wrongful Death:
Wrongful death actions must be filed within3 years of the date of death.
Wrongful Death as a Result of Toxic Substance in the Workplace:
Where the wrongful death occurs as a result of the employee’s exposure to any toxic substance in the workplace, and if the exposure occurs during the course of employment, an action must be filed within 10 years from the date of death, or within 3 years from the date the cause of death was discovered, whichever occurs first.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Maryland, when the injured party is a minor, the injured party must file a legal claim within 3 years from his or her 18th birthday or within the original limitations period, whichever occurs first. This does note apply, however, in medical malpractice or wrongful death cases. In those instances, please refer to the above information, or refer to the statute directly.
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