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Maryland Statutes of Limitations

Negligence/Personal Injury

Statute of Limitations: 3 Years with Discovery Rule

Products Liability

Statute of Limitations: 3 years with Discovery Rule

Wrongful Death

Statute of Limitations: 3 years from date of death unless caused by occupational disease whereupon shorter of 10 years from death or 3 years from time the cause of death is discovered. (Note: A Maryland appellate court has ruled that a widow’s wrongful death action was timely if she was unaware that her late husband’s mesothelioma was caused by asbestos exposure.)

Medical Malpractice

Statute of Limitations: 5 years from injury or 3 years from discovery. If plaintiff under 11, period commences on 11 th birthday unless damage is to reproductive system or by foreign object and then it commences at age 16.

Intentional Torts

Statute of Limitations: 1 year

Professional Malpractice

Statute of Limitations: The shorter of 5 years from commission or 3 years from discovery.

Fraud

If knowledge of cause of action is kept from party by fraud of adverse party, cause of action accrues at time when party discovered, or by exercise or ordinary diligence should have discovered, the fraud.

Medicaid Fraud

Statute of Limitations: 3 Years

Discovery Rule

Under Maryland’s “discovery rule,” the SOL begins to run when the "plaintiff discovers, or through the exercise of due diligence, should have discovered, the injury.” A plaintiff must have knowledge, either implied or express, in order to trigger the running of the SOL.

Disabilities

Mental incompetent or minor (18 th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter.

Damages

Numerous rules apply to limit damage awards in personal injury and wrongful death actions.

Charitable Immunity

Exists with certain exceptions involving hospitals and nursing homes.

Comparative Negligence

Comparative negligence rule not adopted.

Sovereign Immunity

Limited waiver of state’s sovereign immunity in tort claims to extent of insurance coverage.

Punitive Damages

Allowed in non-intentional tort actions only upon clear and convincing proof of malice. No municipal liability for punitive damages.

Consumer Fraud Complaint:

Maryland Office of the Attorney General, Consumer Protection
http://www.oag.state.md.us/Consumer/index.php
(410) 528-8662 (Consumer Hotline)
(888) 743-0023

Contact Us:
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

If you are aware of recent changes in a state’s statute of limitations, please fill out our short feedback form so that we may keep our the site and our readers informed. We appreciate your feedback.

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