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Limitations

Maryland personal injury cases always require that certain events occur prior to the end of specific periods of time. For example in Maryland accident cases persons entitled to bring a PIP claim must file that PIP claim with on one year from the date of the accident. If you fail to file the PIP claim as required you will be barred from bring the claim. Similarly there are limitations periods on the filing of the law suit for compensation for the injuries suffered in the accident claim. In Maryland you have three years from the date of the accident to file suit. This date may change only in special circumstances such as a minor child or a person under disability. The failure to file suit within the time frame of the statutes of limitations means you are barred from filing suit. Additionally, there are notice requirements in certain cases that must be filed. The failure to file notice within the required times means your case will be barred. I have outlined below the various limitation and notice periods. DO NOT RELY UPON THIS LIST IN MAKING DECISIONS ON YOUR CASE. I SUGGEST YOU CONTACT AN ATTORNEY TO REVIEW YOUR CASE TO BE SURE YOU DO NOT MISS FILING OR NOTICE REQUIREMENTS.

This list was updated on June 9, 2003. The law frequently changes. Therefore it is necessary for you to make certain that there have been no significant changes to any of the following statutes.

  1. General Statute of Limitations- 3 years from the date the cause of action “accrues.” Discovery rule applicable to tort actions – the cause of actions accrues, and limitations begin to run, when the Plaintiff knew or reasonably should have known of the alleged wrong. (CJ 5-101)
  2. Promissory Note or other instrument under seal, bond, (except a public officer’s bond See 5-104 – 5 years from the date of the bond), judgment, recognizance, contract under seal or “any other specialty”- 12 years after the cause of action accrues or within 12 years from the date of the death of the last to die of the principle debtor creditor, whichever is sooner (CJ 5102).
  3. Adverse possession – 20 years from the date the cause of action accrues. (CJ 5-103).
  4. Assault, libel or slander – 1 year from the date the cause of action accrues. (CJ 5-105).
  5. Medical malpractice (action against health care provider) – 3 years from the date the injury is discovered or 5 years after the dare the injury was committed, whichever is sooner. (CJ 5-109).
  6. Claim against architect, professional engineer or contractor – 3 years after the cause of action accrues (see (e) accrues when the injury or damage occurs) but no more than ten years after the date the entire improvement first became available for its intended use. (CJ 5-108) – 20 years if not against architect, professional engineer or contractor.
  7. Suit for damages against a municipality or its employees – Notice of intent to use must e given within 180 days of the injury. Upon motion and for good cause, court may waive notice requirement unless defendant can affirmatively show that its defense has been prejudiced by lack of required notice. (CJ 5-304).
  8. Suit against State – Must submit written claim to treasure within 1 year after injury to person or property that is the basis of the claim. If Treasurer denies claim finally, suit must be filed within 3 years after cause of action arises. (SG 12-106).
  9. Employment discrimination claim – Claim must be filed with EEOC or Maryland Human Relations Commission within 180 days of the allegedly discriminatory act. (Art. 49B, section 9 et. Seq.; 42 U.S.C. section 20000e-5(e). if commission determines no probable cause and sends a right to sue letter, suit must be instituted within 90 days of the letter. (42 U.S.C. section 2000e-5(f)).
  10. Mechanic liens – Petition to enforce must be filed within 180 days from the date the work was finished or the materials furnished. (RP 9-105). Right to enforce any lien expires at end of 1 year from the day on which the petition is filed to enforce the lien. (RP 9-109).
  11. Claims against an estate- 6 months from the date of death or 2 months after Notice to Creditors, whichever is earlier. (ET 8-103). If decedent covered by a liability insurance policy, which at time action is instituted provides insurance coverage for the occurrence, then the filing of the claim is governed by the period of limitation generally applicable to such action. (ET 8104 (e)).
  12. Workers compensation – Must file claim with commission within 60 days after accidental personal injury. Failure to do so bars claim unless excused by Commissioner. Claim is completely barred if fail  to file within 2 years from the date of the accident (LE 9-709), or 2 years from the date of the employer’s first report of accident to commissioner. (LE 9-708).
  13. Bankruptcy – 90 days from the first date set for the first meeting of creditors. (BR Rule 3002). Chapters 7, 12, 13.
  14. Federal estate tax return – 9 months from the date of death. (26 U.S.C.A. section 6075).
  15. Other statutory limitations- see CJ 5-101 et. Seq.
  16. Contract provisions may shorten time to make claim, i.e., some AIA contracts specify that a party must request arbitration within 1 year or waive any claims.
  17. Administrative claims- check code and COMAR.
Other states- different limitations, i.e.,

Virginia - 2 year statute of limitations

Delaware - 2 year statute of limitations

New Jersey - 2 year statute of limitations

NOTICE REQUIREMENTS:

TORT CLAIMS AGAINST GOVERNMENT ENTITIES

Federal Government 28 U.C.S. Section 2401. 2671 et seq (2 years)

State Md State Government Art Section 12-101 et seq (1 year)

County and Municipal Md Cts add Judicial Proceedings Art section 5-301 et. seq (180 days)

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PIP (1 year)

Uninsured Division of MAIF (used for uninsured plaintiff in accident with uninsured defendant) Md Insurance Art section 20-603 (180 days)

For additional information please contact our firm.

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DISCLAIMER: Keith Blair Bartnik, P.A.. has created this website to be informative, but you should remember the contents are general in nature and not meant to substitute the specific legal advice given by an attorney based on your individual questions and needs. We have made every effort to provide up to date information and links, however we make no guarantees. Viewing this website and communicating with us by electronic mail or making a general inquiry does not create an attorney client relationship. You should be aware that contacting our law firm through the internet is not considered secure and therefore you should not send confidential or sensitive information that may be illegally intercepted by others.

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