Differences Between Statute Of Limitations In Maryland And Surrounding States
The statute of limitations is a legal concept that sets a time limit for legal action, specifically a deadline for when you can file a lawsuit after suffering an injury or damage. The timelines vary from state to state.
If you’re considering pursuing a personal injury claim in Maryland or the surrounding states, discuss the differences in state statute of limitations with a Baltimore personal injury lawyer.
Maryland’s Statute of Limitations and Neighboring States
In Maryland, the statute of limitations for personal injury claims in most situations is three years, meaning you have 36 months from the date of your injury to seek compensation through a lawsuit. While the majority of personal injury cases are required to follow this deadline, there are a couple of exceptions.
For instance, because injuries and the full extent of losses aren’t always immediately apparent, Maryland follows the “discovery rule,” which means the clock for the statute of limitations may begin when the injury is discovered or should have been discovered through reasonable diligence. And if the injured party is a minor, the statute of limitations may be tolled, meaning it will be paused, until they reach an age of majority.
Since people travel in and out of Maryland on a regular basis, it is also important to recognize that the statute of limitations for personal injury claims is not the same throughout the country, and it varies in states neighboring Maryland.
- In the state of Virginia, the statute of limitations for most personal injury claims is two years. And like Maryland, Virginia follows the discovery rule, which allows the statute of limitations to start when the injury is discovered or should have been discovered.
- Pennsylvania: The statute of limitations for personal injury claims is generally two years in Pennsylvania. There is no specific provision for the discovery rule.
- Delaware’s statute of limitations for personal injury claims is typically two years and Delaware also has a discovery rule, which allows for an extended time frame in certain situations.
- West Virginia. A two-year statute of limitations for personal injury claims is in place in West Virginia, and the state follows the discovery rule.
- Washington, D.C. In the nation’s capital, the statute of limitations for personal injury claims is three years, mirroring Maryland’s timeline.
Understanding the statute of limitations is crucial because failing to file a lawsuit within the specified time frame can result in losing the right to pursue losses.
Filing in the Appropriate Jurisdiction
It’s also important to recognize that some injury cases involve multiple jurisdictions, such as when an accident occurs outside of your home state. This is where the expertise of a Baltimore personal injury lawyer is invaluable. They can assess the circumstances of your case and ensure that your claim is filed within the appropriate statute of limitations, whether it’s in Maryland or a neighboring jurisdiction.
How do you secure financial losses if an accident took place in another state? Talk to the attorneys at Iamele & Iamele, LLP to learn more. Contact us to book your fee-free appointment.