Maryland's 3-Year Statute of Limitations for Injury Claims: What You Need to Know
Like many states, Maryland has a 3-year statute of limitations for most, but not all, injury claims. That generally means that your injury claim either needs to be fully settled or in suit by the third anniversary of the negligent act that injured you. If not, your claim is likely to be barred forever. Just to let you know, the trial of your case does not need to happen within three years; a lawsuit against the proper party must have been filed within that time.
Is There Any Point to Waiting So Long?
Yes, in some cases with more serious injuries, a victim may require years of ongoing medical care, including multiple surgeries, and lengthy recovery time from their injuries. In complex cases such as this, there is no way to make an earlier assessment of the case value and obtain a settlement before the 3-year deadline, and a lawsuit before the deadline is necessary to preserve the claim. 
Why Waiting to File Your Injury Claim Could Be Risky in Maryland
Are There Risks in Waiting So Long?
Yes. One of the dangers in waiting years to file suit is that during litigation, it may be discovered that additional parties may also be liable or that the wrong person or corporation was sued. Once the 3-year deadline has passed, the court will generally not allow you to add new/different defendants or theories of liability to the case. Most attorneys would agree that it is far better to file suit 6 months or more before the statute of limitations so that if the litigation reveals that other parties need to be added, there is still time to do so before the deadline.
How Maryland’s Statute of Limitations Affects Your Injury Case
While you have 3 years to resolve or file suit on a claim, you should still report the claim promptly after an injury. Most insurance policies require the victim to make an initial claim report within 48 hours of an incident and provide them with the basic information necessary to set up a file and investigate the matter. If notice of a claim is not made promptly, it could jeopardize your right to benefits.
Why You Should Involve an Attorney Early in Your Injury Case in Maryland
While you CAN wait, there is little benefit to waiting months or years before finally involving an attorney to assist you on a personal injury matter. Injury claims have many pitfalls, and a victim who first tries to navigate the process alone can make mistakes that cannot be undone when they later bring an attorney into the process.
At Sussman & Simcox we have been handling personal injury claims on behalf of clients for decades. Our staff is available to quickly answer questions, address problems, and take away many of the headaches associated with an injury claim. If you have been injured through the negligence of another person, make the smart choice right away.
