You were hurt, the medical bills are arriving, and an insurance adjuster keeps calling to ask how you’re feeling. Somewhere in the middle of it, you searched for how long you have to sue. Under Section 5-101 of Maryland’s Courts and Judicial Proceedings Article, the Maryland personal injury statute of limitations gives you three years to file a lawsuit. The clock starts when your claim accrues, meaning the date your right to sue begins, which is usually the day you were hurt. Three years is where the answer starts. The same section says other laws can set a different period, and for injuries involving a government body, a child, a hidden condition, or a death, they do. Some of those clocks run out well before three years, so it helps to know which one applies to you.
Which Situations Change the Three-Year Deadline?
Claims against a government body, injuries to children, hidden harm, and wrongful death each follow their own rule. Only the government rule cuts your time to less than three years.
| Situation | Deadline | When the clock starts |
|---|---|---|
| Standard injury claim | File suit within 3 years | The day the claim accrues, usually the injury date |
| Claim against a county or city | Written notice within 1 year | The date of the injury |
| Claim against the State | Written claim to the State Treasurer within 1 year, then suit within 3 years | The date of injury for the claim, and when the right to sue arose for the suit |
| Injured minor | Up to 3 years, or the regular filing period if shorter | The child’s 18th birthday |
| Hidden injury | 3 years | When you knew, or reasonably should have known, about the harm |
| Wrongful death | File suit within 3 years | The date of death |
How Does a Claim Against the Government Change the Deadline?
Suppose a county bus, a city sidewalk, or a state-run building played a part in your injury. In that case you must give written notice within one year, two years sooner than the standard filing deadline.
Notice to a County or City
Maryland’s Local Government Tort Claims Act asks you to send a notice of claim, a written statement of the time, place, and cause of your injury. You deliver it in person or by certified mail. The right person to receive it depends on the county or city involved.
Missing the year doesn’t always end the claim. A court can excuse a late notice for good cause, such as a reasonable explanation for the delay. That works only if the delay hasn’t harmed the local government’s defense. A court can also excuse the notice when the local government already knew, or should have known, about the injury within that first year. Courts decide both exceptions case by case, so getting the notice out inside the year is the safer path.
Claims Against the State
For claims against the State of Maryland, the Maryland Tort Claims Act sends you to the State Treasurer first. Your written claim is due within one year of the injury. The Treasurer must deny it before you can sue, and you then have three years from when your right to sue arose to file. The State has good-cause and actual-notice exceptions of its own, but the one-year date is the one to mark on your calendar.
Does Being a Minor Extend the Deadline?
A child hurt in Maryland generally has until age 21 to file a standard injury claim. Section 5-201 sets the period as the lesser of three years or the regular filing period after minority ends.
That extra time doesn’t reach the government notice rule. In Rios v. Montgomery County, Maryland’s highest court held that being a minor isn’t good cause by itself for missing the local government notice deadline. A parent whose child was hurt by a county employee generally still needs to send written notice within a year.
Section 5-201 also covers adults who can’t act for themselves. In those situations a court-appointed guardian may be part of the picture.
When Does the Clock Start if the Injury Isn’t Obvious?
The clock starts when you knew, or reasonably should have known, that you were harmed. Maryland courts apply this standard to injury claims generally, and it matters most for a condition that surfaces months after an accident.
The rule carries a duty of reasonable diligence, so you’re expected to investigate symptoms once you have reason to. The clock doesn’t pause while you finish that investigation. It also gives no extra time for an injury you knew about right away. A broken arm from a crash still starts the clock on the day of the crash.
How Does the Deadline Work After a Wrongful Death?
In most cases, a wrongful death lawsuit must be filed within three years after the death. Maryland allows only one such action for each death. The clock runs from the date of death, not the date of the injury. That timing can matter a great deal when a loved one survives for weeks or months after being harmed. With only one action allowed, the filing carries real weight, so it helps to have the dates confirmed first.
What Should You Do in the First Few Weeks?
A few habits in the early weeks make your own deadlines much easier to pin down.
- Write down the date of the injury. If the harm surfaced later, add the date you first noticed symptoms or found out the cause.
- Note every party involved. A county, city, or state agency in the picture means a one-year notice clock may already be running.
- Keep your records, including medical bills, photos, insurer letters, and the names of witnesses.
- Plan around the shortest deadline that might apply to you, which can be as short as one year.
- Talk your dates through with an attorney. A consultation about a personal injury claim is a low-pressure way to check them against your facts.
None of it commits you to filing anything, and it keeps your options open while you decide what comes next.
Your Deadline Depends on Your Facts
Three years is where Maryland’s answer starts, and the exceptions decide where it ends for you. A claim involving a county, city, or the State calls for written notice within a year. A child’s clock starts at 18, and a hidden injury starts it when you know, or reasonably should know, about the harm. A wrongful death claim counts from the death itself.
This post is general information, and every situation differs, so your own dates matter more than any summary. That’s why we believe in standing with you, standing for you, starting with a clear look at your facts. If you’d like a second set of eyes on them, reach out to our team about your situation. We offer a free initial consultation.
