Personal Injury Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code, Cts. & Jud. Proc. § 5-101 ✓ verified · 3 sources
The deadline
3 years
from Date of injury (claim accrual date), under Md. Code, Cts. & Jud. Proc. § 5-101.
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Maryland law sets a hard deadline of 3 years to file a personal injury lawsuit. The controlling statute is Md. Code, Cts. & Jud. Proc. § 5-101, and the clock generally starts on Date of injury (claim accrual date). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for personal injury lawsuits generally begins on Date of injury (claim accrual date). Maryland recognizes a discovery rule for this claim type: Maryland applies a discovery rule in certain circumstances; the 3-year SOL may begin when the plaintiff knew or should have known of the injury and its cause, particularly in latent injury cases
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 1 year notice required for claims against the State under Md. Code, State Gov't Art. § 12-106; local government entity claims have varying notice requirements
- Damage caps: Non-economic damages capped in personal injury cases under Md. Code Cts. & Jud. Proc. § 11-108; cap started at $350,000 (Oct. 1994) and increases $15,000 per year (approx. $800,000+ for 2024 injuries)
Maryland uses PURE CONTRIBUTORY NEGLIGENCE – plaintiff's any degree of fault bars all recovery, making Maryland one of only a few states still following this doctrine. The 3-year SOL covers slip-and-fall, premises liability, dog bite, and general negligence.
Source: Md. Code, Cts. & Jud. Proc. § 5-101, official Maryland statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Maryland government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Maryland Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243(A) |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Delaware | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301(8) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Maryland?
You have 3 years from Date of injury (claim accrual date), under Md. Code, Cts. & Jud. Proc. § 5-101.
Can I still sue after 3 years in Maryland?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Maryland?
Yes. Maryland applies a discovery rule in certain circumstances; the 3-year SOL may begin when the plaintiff knew or should have known of the injury and its cause, particularly in latent injury cases
What if the victim was a minor?
Maryland generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
1 year notice required for claims against the State under Md. Code, State Gov't Art. § 12-106; local government entity claims have varying notice requirements
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Sources
- Official Md. Code Cts. & Jud. Proc. § 5-101 – General 3-year civil limitation (Maryland General Assembly)
- Corroborating Maryland Personal Injury Statute of Limitations – Nolo
- Corroborating Maryland Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.