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MARYLAND

Negligence / Personal Injury

3 Years with Discovery Rule

Wrongful Death

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

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

Malpractice (Other Professions)

3 years. SOL for certain professions are the shorter of 5 years from commission or 3 years from discovery.

Products Liability

3 years with Discovery Rule

Intentional Torts

1 year

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.

Municipal Liability/Sovereign Immunity

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

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.

Comparative Negligence

Comparative negligence rule not adopted.

Charitable Immunity

Exists with certain exceptions involving hospitals and nursing homes.

Disabilities

Mental incompetent or minor (18th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter. Sol does not run during absence or concealment of defendant.

Damages

Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
In personal injury actions in which cause of action arose on or after July 1st, 1986, $350,000 limit for noneconomic damages, including pain and suffering, impairment, disfigurement, loss of consortium. In personal injury and wrongful death actions in which cause of action arose on or after Oct. 1st, 1994, $500,000 limit for noneconomic damages. Limitation on noneconomic damages will increase by $15,000 on Oct. 1st of each year beginning Oct. 1st 1995. Noneconomic damages in wrongful death actions include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, filial care, parental care, attention, advice, counsel, training, guidance or education.

Punitive Damages

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

Other Relevant Information

3 years for Medicaid fraud.

Consumer Fraud Complaint

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