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1-888-760-7339
ANNE ARUNDEL
COUNTY
7310 Ritchie
Highway, Ste 910, Glen Burnie, Maryland 21061 (410) 760-7339
BALTIMORE CITY
Office Meeting Location
111 South Calvert Street Suite 2700 Baltimore, Maryland 21202
(410) 685-7339
BALTIMORE COUNTY
10451 Mill Run Circle Suite 400 Owings Mills, Maryland 21136
(410) 363-7339
HOWARD COUNTY
Office Meeting Location
10480 Little Patuxent Parkway Suite 400 Columbia, Maryland 21044
(410) 740-7339
PRINCE GEORGE COUNTY
6301 Ivy Lane Suite 700 Greenbelt, Maryland 20770 (301) 474-7339
When Experience
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The Law Offices Of
KEITH BLAIR BARTNIK, P.A
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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.
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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.
-
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)
-
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).
-
Adverse possession – 20
years from the date the
cause of action accrues.
(CJ 5-103).
-
Assault, libel or
slander – 1 year from
the date the cause of
action accrues. (CJ
5-105).
-
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).
-
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.
-
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).
-
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).
-
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)).
-
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).
-
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)).
-
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).
-
Bankruptcy – 90 days
from the first date set
for the first meeting of
creditors. (BR Rule
3002). Chapters 7, 12,
13.
-
Federal estate tax
return – 9 months from
the date of death. (26
U.S.C.A. section 6075).
-
Other statutory
limitations- see CJ
5-101 et. Seq.
-
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.
-
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)
____________________________________
PIP (1 year)
Uninsured Division of MAIF
(used for uninsured
plaintiff in accident with
uninsured defendant) Md
Insurance Art section 20-603
(180 days) |
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