Car accidents can be life-changing events, leaving victims with physical injuries, emotional distress, and financial strain. If you’ve been involved in a car accident in Maryland, one of the most critical questions to answer is: How long do I have to file a lawsuit? This timeline is essential to understand because failing to file within the allowed period could mean losing your right to seek compensation for your injuries and damages.
In this article, we will explain the statute of limitations for car accident (How Long Do I Have To File A Car Accident Lawsuit In Maryland) lawsuits in Maryland, what exceptions may apply, and how a personal injury lawyer can help you navigate the legal process.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time you have to take legal action after an event occurs, such as a car accident. In the context of a car accident, the statute of limitations refers to the time limit you have to file a lawsuit against the responsible party for damages resulting from the accident, including personal injuries, property damage, and emotional distress.
This means that you must file your lawsuit within three years of the accident date, or you risk losing your right to seek compensation through the court system.
Why is the Statute of Limitations Important?
The statute of limitations exists to encourage prompt resolution of legal disputes and ensure that evidence and witnesses remain fresh. Over time, evidence may be lost, and memories may fade, making it harder to build a strong case. By setting a time limit, the law aims to balance the rights of accident victims with the need for legal finality.
For example, if you don’t file your car accident lawsuit within three years in Maryland, the court is likely to dismiss your case, even if you have a legitimate claim. The statute of limitations is strictly enforced, and there are very few exceptions that might allow for an extension.
Important Considerations for Maryland Car Accident Claims
While the three-year rule applies to most car accident cases, it’s important to keep in mind a few key considerations that may affect your timeline:
1. Discovery Rule
For example, you may not realize the full extent of your injuries until weeks or even months after the accident. Under Maryland's discovery rule, the statute of limitations may be extended to start from the date you discovered, or should have reasonably discovered, the injury.
For example, if you developed a medical condition like whiplash or a concussion that wasn’t diagnosed until months after the accident, the clock for filing a lawsuit may not begin until your diagnosis.
2. Wrongful Death Claims
If a car accident results in a fatality, the surviving family members or personal representatives of the deceased may file a wrongful death claim. In Maryland, the statute of limitations for wrongful death claims is generally three years from the date of the person’s death, not from the date of the accident. If the deceased person suffered for a period before passing, the family may also be able to file a survival action for the victim's pain and suffering during that time.
3. Claims Against Government Entities
If your car accident involves a government vehicle or you’re filing a claim against a government entity (such as a city or county), the timeline to file a lawsuit is often much shorter. In Maryland, you must provide written notice of your claim within one year of the accident if you're pursuing legal action against a government agency. This is a critical deadline, and missing it can bar your case from proceeding.
4. Insurance Claims vs. Lawsuits
It’s important to distinguish between the time you have to file an insurance claim and the time you have to file a lawsuit. You may begin the process of seeking compensation by filing a claim with your insurance company immediately after an accident. However, if you are unable to reach a satisfactory settlement with the insurance company, and need to pursue a lawsuit, you must do so within the three-year statute of limitations.
5. Minor Victims
If a minor (someone under the age of 18) is involved in a car accident, the statute of limitations does not begin to run until they turn 18. This means that if a child is injured in a car accident, their parents or legal guardian can wait until the child reaches adulthood before filing a lawsuit on their behalf.
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If you miss the deadline to file your car accident lawsuit in Maryland, you lose your right to take legal action. This means you cannot file a lawsuit for damages, even if you have clear evidence of fault and significant injuries. However, you can still attempt to settle your case with the insurance company, as insurance claims are subject to different timelines and rules than lawsuits.
Missing the statute of limitations can leave you with no legal recourse to recover compensation for your injuries, lost wages, medical bills, and other damages. It is essential to act quickly after an accident to avoid this risk.
Conclusion
If you’ve been involved in a car accident in Maryland, it’s essential to file your lawsuit within three years from the date of the accident. However, there are exceptions, such as the discovery rule, wrongful death claims, and government claims, that can alter the timeline. To ensure that your rights are protected and you have the best chance of receiving fair compensation, it’s critical to consult with an experienced car accident lawyer who can help you navigate the legal process and meet all deadlines.
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