Minors
Children injured in Maryland get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · Maryland
You have 3 years to file a personal-injury lawsuit in Maryland.
The clock starts on the date of injury. The controlling statute is Md. Code Cts. & Jud. Proc. § 5-101. Filing one day late dismisses the case with prejudice.
What the Maryland statute of limitations actually says
If you were injured in Maryland and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
Maryland's personal-injury deadline is 3 years from the date of injury (Md. Code Cts. & Jud. Proc. § 5-101). Medical-malpractice claims run separately at 5 years, often with a discovery-rule trigger.
The statute itself, Md. Code Cts. & Jud. Proc. § 5-101, is the controlling authority. Interpretive decisions come from MD Ct. App., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Maryland?
The statute begins running on the date the injury occurred. Several Maryland appellate decisions have emphasized that the clock is not tolled by ongoing medical treatment or by the plaintiff's subjective sense that the case can wait.
Discovery rule
The discovery rule in Maryland is narrowly applied. Courts generally require evidence that the injury was inherently undiscoverable, not merely that the plaintiff was unaware. Routine soft-tissue injuries from a car accident almost never qualify.
What happens if you file late
A late-filed complaint in Maryland is dismissed on the pleadings. The court does not hear evidence, does not weigh fault, does not consider damages. The motion is purely procedural and almost never denied.
Exceptions that pause or restart the clock
Mental incapacity
Maryland courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Maryland cases.
Defendant absence from state
If the at-fault party leaves Maryland after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Maryland insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Maryland courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Maryland government entities
If your injury was caused by a Maryland state or local government entity , a city bus, a police officer, a public-school employee , you generally must file a separate "notice of claim" within a much shorter window (typically 60 to 180 days) BEFORE filing a civil suit. Missing the notice deadline bars the lawsuit even if the longer SOL has not yet expired.
Comparative-fault rule that applies once you file on time
Filing on time gets you into court. Winning at trial is a separate question, and Maryland's comparative-fault rule is the next major hurdle.
Maryland applies pure contributory negligence. Maryland is one of only four jurisdictions still using pure contributory negligence: any plaintiff fault bars recovery entirely. Authority: Coleman v. Soccer Ass'n of Columbia.
Maryland is one of only four U.S. jurisdictions still applying pure contributory negligence. Even 1% plaintiff fault bars all recovery. Plaintiffs' lawyers in Maryland treat fault-allocation evidence as existential, not just damages-affecting.
All Maryland civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | Md. Code Cts. & Jud. Proc. § 5-101 | Date of injury |
| Medical malpractice | 5 years | Md. Code Cts. & Jud. Proc. § 5-101 | Discovery or treatment end |
| Wrongful death | 3 years | Md. Code Cts. & Jud. Proc. § 5-101 | Date of death |
| Property damage | 3 years | Md. Code Cts. & Jud. Proc. § 5-101 | Date of damage |
Maryland auto-insurance framework you will encounter
Maryland is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Md. Code Ins. § 19-509 is 30/60/15.
Maryland requires UM coverage at a minimum of 30/60 (Md. Code Ins. § 19-509). Stacking treatment: limited.
Maryland damage caps that affect what you can recover
Maryland caps non-economic damages in medical-malpractice cases at $875,000. Punitive damages are uncapped. Authority: Md. Code Cts. & Jud. Proc. § 11-108.
Maryland statute-of-limitations FAQ
Does Maryland extend the SOL if the at-fault driver leaves the state?
Maryland tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Maryland insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Maryland courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Maryland SOL.
What is "tolling" and when does it apply in Maryland?
Tolling pauses the clock. Maryland recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Maryland-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Maryland courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Maryland permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Maryland court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Maryland?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Maryland does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Maryland personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Maryland personal-injury statute: Md. Code Cts. & Jud. Proc. § 5-101. Primary authority for the 3-year deadline.
- Comparative-negligence rule: Coleman v. Soccer Ass'n of Columbia. Establishes pure contributory negligence in Maryland.
- Auto-insurance / financial-responsibility: Md. Code Ins. § 19-509. Minimum liability 30/60/15.
- Uninsured-motorist coverage: Md. Code Ins. § 19-509.
- Damage caps: Md. Code Cts. & Jud. Proc. § 11-108.
- Court verification: Decisions of MD Ct. App., MD Ct. Spec. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.