Understanding Maryland’s Deadline For Car Accident Cases
After a car accident in Maryland where you’ve been injured or had your vehicle damaged, it’s recommended to consider your legal options for getting compensation for your losses. With the help of a Maryland car accident lawyer, you can hold those at fault accountable. However, there are a few Maryland laws that could have a gigantic impact on your car accident claim, none more important than the Maryland statute of limitations for car accidents.
In Maryland, you have three years from the date of the car accident to file your personal injury claim before the statute of limitations expires. If you do not meet this deadline, your claim will likely be disregarded and your case will not be valid. Car accident cases generally do not follow the “discovery rule” exception to the statute of limitations. This rule states that the clock does not start until the wrongful act is identified. This rule is more common in products liability cases, fraud cases, and cases of medical malpractice. Whereas most personal injury claims, like car accidents, are objective and clear.
Example of How The Maryland Statute of Limitations For Car Accidents Work
Suppose you were driving home on Interstate 695 when you were involved in a car accident with another vehicle. The date of the accident was August 1, 2021, and the other driver was clearly at fault. As a result, you suffered personal injuries from the collision and your vehicle was totaled. As mentioned earlier, the statute of limitations for car accidents in Maryland is three years for personal injury cases, and also three years for the property damage done to your car. Because the accident was clearly the other motorist’s fault and the damage was done, your date of accrual is August 1, 2021. Therefore, you file a lawsuit to recover damages for medical bills, pain and suffering, lost wages, and property damage at any point before August 1, 2024. If a lawsuit is filed on August 2, 2024, the at-fault driver and their attorney could file a motion to dismiss the lawsuit because the statute of limitations has expired. In this situation, a Maryland court would likely agree with the at-fault party. The Maryland statute of limitations for car accidents is unclear for most people without a legal background. That’s why it’s wise to speak with an experienced Maryland personal injury lawyer soon after a car accident. Together you and your attorney can lay out a timeline and plan of action for your claim.
Exceptions To The Time Limit
Although less common, in some cases, special circumstances may call for pausing or extending the Maryland statute of limitations for car accidents. This is often referred to as “tolling.” One example of this that we see most often is for minors. When a minor child is injured as a result of a car accident, the statute of limitations does not begin until they have reached adulthood at the age of 18. This would give them until their 21st birthday to file a personal injury lawsuit from the accident that occurred in their childhood.
Similarly, Maryland courts may extend the timeline for a car accident victim if they suffered a physical or mental disability that prevents them from having the capacity to pursue their claim. The limitations period is subject to the duration of the disability, but an experienced attorney will be able to make sure you or your loved one gets the maximum allotted time in this situation. The Maryland statute of limitations for car accidents can also be tolled when the negligent party’s fraud hides its liability to the injured victim. This is commonly seen in hit-and-run accidents where the at-fault driver flees the scene and cannot be identified by the injured victim or by law enforcement for some period.
Contributory Negligence in Maryland Car Accident Cases
Maryland is one of the few states with a “contributory negligence” rule. This rule states that you cannot receive money damages if you are found to have played even the slightest part in causing the accident. This means that if the other driver is 98% at fault, whereas you are only 2% at fault, you can’t recover any compensation at all from the other driver. Most states use what’s known as “comparative negligence”, which allows an at-fault driver to recover some damages as long as he or she is not more than 50 percent responsible for the crash. However, as of 2021, Maryland has still not transitioned to this type of negligence-based model, and may not do so at all. That’s why it’s so critical to have an experienced personal injury attorney by your side when seeking compensation for injuries or damages. The other party is well aware that all they need is just a little bit of evidence showing that you were partially at fault. Without expert representation, this could taint your entire claim and leave you with nothing following a serious accident.
How Long Do You Have to File a Wrongful Death Claim After A Car Accident?
Maryland wrongful death claims must be filed within 3 years of the date of passing. So if the deceased passed away on January 1, 2021, then the wrongful death lawsuit must be filed with the Maryland courts by no later than January 1, 2024. This 3-year time window applies even if the statute of limitations on the underlying tort claim had expired before the decedent died. It’s important to understand these factors as well as the timelines associated, especially regarding wrongful death claims
What Is the Statute of Limitations For Medical Bills After A Car Accident?
Similar to car accidents, the statute of limitations for medical bills in Maryland is also three years from the date that the debt was incurred. This would be either the date that the bill became “past due” or the date of your last partial payment on the bill. Even if the statute of limitations for medical bills has passed, they can stay on your credit report for 7 years. Speaking with your attorney is recommended as they can help guide you through this process based on your specific circumstances. Many times, this will vary case by case, so it’s best to gather all the details.
Contact A Dedicated Maryland Car Accident Lawyer Today
If you’ve recently been involved in a car accident in Maryland, one of our seasoned car accident attorneys at Hyatt & Goldbloom can help you through the legal process. All aspects can be easily explained, including how the Maryland statute of limitations for car accidents applies to your case during a risk-free consultation with someone experienced in the matter. Let us help you hold those responsible accountable for their negligence.
