Maryland Statute of Limitations
NOTE: As of March 16, 2020, all statutes of limitations were tolled due to the COVID-19 pandemic, pending the reopening of the courts. Court clerks’ offices were scheduled to re-open on July 20, 2020, and filing deadlines were extended by an additional 15 days after that by order of the chief judge of the Court of Appeals. In addition, under Maryland Public Safety Code § 14-3A-06, health-care providers acting in good faith are immune to malpractice claims during the public health emergency.
Does Maryland Have a Statute of Limitations?
Yes. The statute of limitations in Maryland sets the deadline for a legal claim to be filed with the courts.
What Is the Statute of Limitations in Maryland?
You typically have three years to file a civil lawsuit under the statute of limitations in Maryland, while deadlines for criminal charges are usually one to three years.
|
Cause of Action |
Time Limit |
Statute |
|
Contract (Written) |
3-12 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020); Md. Code Ann. Cts. & Jud. Proc. § 5-102(a)(5) (2020); Md. Code Ann., Com. Law § 2-725(1) (2020) |
|
Contract (Oral) |
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020); Md. Code Ann., Com. Law § 2-725(1) (2020) |
|
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020) | |
|
Legal Malpractice |
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020) |
|
3 years from discovery of the injury or 5 years from the date of injury (whichever is earlier) |
Md. Code Ann. Cts. & Jud. Proc. § 5-109(a) (2020) | |
|
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020) | |
|
Product Liability |
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020) |
|
Property Damage |
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 5-101 (2020) |
|
3 years |
Md. Code Ann. Cts. & Jud. Proc. § 3-904(g) (2020) |
What Is the Maryland Statute of Limitations on Personal Injury and Negligence Claims?
The statute of limitations in Maryland for personal injury and negligence cases is three years.
“A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.” (Md. Code Ann., Cts. & Jud. Proc. § 5-101)
Toxic Tort
3 Years
Toxic tort claims are included under the Maryland statute of limitations for personal injury cases.
What Is the Wrongful Death Statute of Limitations in Maryland?
You have three years to sue for wrongful death, beginning the day the injured person died. However, if the death was prompted by an occupational disease, the action can be filed within ten years of the time of death or within three years the cause of death was discovered.
“Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person.
“(2)(i) In this paragraph, ‘occupational disease’ means a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment.
“(ii) If an occupational disease was a cause of a person’s death, an action shall be filed:
“1. Within 10 years of the time of death; or
“2. Within 3 years of the date when the cause of death was discovered, whichever is the shorter.” (Md. Code Ann., Cts. & Jud. Proc. § 3-904)
What Is the Medical Malpractice Statute of Limitations in Maryland?
In Maryland, you either have five years from the date of the injury or three years from the discovery of the injury to file a medical malpractice lawsuit.
“An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:
“(1) Five years of the time the injury was committed; or
“(2) Three years of the date the injury was discovered.” (Md. Code Ann., Cts. & Jud. Proc. § 5-109)
The right of action for an injury or damage due to medical malpractice may accrue when the patient knows or should know that they have suffered injury or damage; if it is unreasonable to expect that someone without medical training would understand or appreciate that actionable harm has been done, the limitation period runs from the moment of discovery, when you know or should know that you have a cause of action. (Waldman v. Rohrbaugh, 241 Md. 137 (1966))
Product Liability
3 Years
“A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.” (Md. Code Ann., Cts. & Jud. Proc. § 5-101)
Maryland’s discovery rule delays the start of the three-year limitations period for civil matters until the plaintiff discovers or should have discovered the injury.
Maryland Statute of Repose for Construction Defects
The statute of repose for cases involving construction defects prohibit claims made more than 20 years after an improvement to real property. An architect, professional engineer or contractor may not be held liable more than ten years after the improvement was put into use. (Md. Code Ann. § 5-108)
Maryland Statute of Limitations for Contract Disputes
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The Maryland breach of contract statute of limitations on oral and written contracts is three years; however, claims based on a contract under seal may be filed for 12 years.
Fraud
3 Years
Fraud claims are covered under the same statute of limitations as negligence claims. Cases of Medicaid fraud also have a three-year statute of limitations.
“Certainly, when a defendant’s ‘stealth [or] subterfuge … leave[s] a plaintiff “blamelessly ignorant” of the facts and circumstances legally entitling him or her to relief,’ the discovery rule prevents the limitations clock from running until the plaintiff has learned or should have learned of the fraud. Murphy v. Merzbacher, 346 Md. 525, 532, 697 A.2d 861 (1997).” (Miller v. Pacific Shore Funding, 224 F.Supp.2d 977 (D. Md. 2002))
Municipal Liability/Sovereign Immunity
Maryland has waived its right to sovereign immunity in certain tort cases, up to the limit of the applicable insurance coverage.
Discovery Rule
Under Maryland’s discovery rule, a statute of limitations begins to run when the plaintiff discovers or through the exercise of due diligence should have discovered the injury in question. A plaintiff must have knowledge, either implied or express, in order to trigger the running of the statute of limitations.
Comparative Negligence
Comparative negligence does not apply in Maryland.
Charitable Immunity
Charitable immunity exists in Maryland, but it has certain exceptions involving hospitals and nursing homes. Hospitals and nursing homes are not immune to prosecution, but if they are insured for at least $100,000, they cannot be held liable for damages beyond the amount their insurance will cover.
Legal Disabilities
Mental incompetents and minors (younger than 18) must file claims after this legal disability is removed within three years or the applicable period of limitation, whichever is shorter. A statute of limitations does not run during the absence or concealment of the defendant.
Cap on Non-Economic Damages
Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
As of Oct. 1, 2019, the state limit on non-economic damages, including pain and suffering, impairment, disfigurement, and loss of consortium, was $875,000. This cap is increased by $15,000 on Oct. 1 of each year.
Non-economic damages in wrongful death actions include mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, care, marital care, filial care, parental care, attention, advice, counsel, training, guidance or education.
Punitive Damages
Punitive damages are allowed in non-intentional tort actions only upon clear and convincing proof of malice. Municipalities are not subject to punitive damages.
Maryland is a no-fault state.
Consumer Fraud Complaints
The Consumer Protection Division of the Attorney General’s Office handles consumer fraud complaints, which may be filed online or by mail. For more information, call (410) 528-8662.
Frequently Asked Questions
What Is the Statute of Limitations on Debt in Maryland?
For medical and credit card debt, the statute of limitations in Maryland is three years. The limit is four years for auto loan debt, seven years for state tax debt, and 12 years for mortgage debt.
What Is the Statute of Limitations on Theft in Maryland?
In Maryland, the statute of limitations on theft varies depending on the value of the property stolen. If it is minor, the statute of limitations is two years, but if the value of the objects stolen is more than $100,000, then there is no statute of limitations.
What Is the Maryland State Code?
The Maryland Code is a compilation of rules and statutes in effect that are passed by Maryland’s legislative body, the General Assembly.
Does Maryland Have a Statute of Limitations on Assault?
No, there is no time limit in Maryland on assault offenses.
How Long Do You Have to Cancel a Contract in Maryland?
The Maryland Door-to-Door Sales Act gives consumers the right to cancel a contract within five business days or seven business days if the buyer is at least 65 years old without penalty or obligation to the seller.
What Is a Tort Case in Maryland?
A tort case is a civil case involving harm done to another person. Car accidents and other forms of accidents are some of the most common types of tort cases.
What Is the Difference Between a Statute of Limitations and a Statute of Repose??
Statutes of limitations can be tolled, meaning that the clock can start on a date other than the one on which the wrongful act occurred due to the discovery rule, while a statute of repose begins with the completion of the offense and is not subject to extensions.
Is There a Cap on Malpractice Suits?
The federal government has placed a $250,000 cap on non-economic damages for malpractice suits.
What Is the Difference Between a Survival Statute and a Wrongful Death Statute?
A wrongful death claim is brought on behalf of the beneficiaries of the decedent and is focused on their losses, including lost financial support and the loss of companionship. A survival action is brought on the decedent’s behalf by the representative of their estate, and it seeks compensation for the decedent’s losses before death, such as pain and suffering and medical bills. Damages from a wrongful death suit are paid to the plaintiff(s); damages from a survival action are paid to the decedent’s estate. These two types of actions are often filed in tandem.
What Is the Average Payout in a Wrongful Death Suit?
There is no average settlement amount because no two cases are alike. Payouts can range from thousands of dollars to tens of millions of dollars, depending on the unique circumstances of each case.