Wrongful Death Statute of Limitations in Maryland

Last verified 2026-07 · Source: Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904 ✓ verified · 3 sources

Under Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904, you have 3 years from Date of death (for occupational disease deaths: earlier of 10 years from exposure or 3 years from when disease was identified as cause) to file a wrongful death lawsuit in Maryland. Miss it and you lose the right to sue — but several Maryland-specific exceptions can extend (or shorten) that window, detailed below.

Maryland Deadlines for Related Claims

When the Clock Starts

In Maryland, the limitations period for wrongful death claims generally begins on Date of death (for occupational disease deaths: earlier of 10 years from exposure or 3 years from when disease was identified as cause). Maryland does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• 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.
• Damage caps: Non-economic damages capped at approximately $935,000 (2024 figure, increases $15,000 annually on October 1); combined cap approximately $1,870,000 per single beneficiary; economic damages and punitive damages uncapped

Surviving spouse, parents, and/or children may file directly; other blood or marriage relatives who were substantially dependent on the deceased may file if no spouse, parents, or children survive. Occupational disease deaths have an extended 10-year limit tied to exposure.

Source: Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904, official Maryland statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Maryland government defendants).
4. 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

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.