What is the personal injury statute of limitations in Maryland?

1. General Personal Injury

Md. Code, Cts. & Jud. Proc. § 5-101 imposes a 3-year SOL for civil actions, including personal injury, running from accrual.

2. Wrongful Death

Md. Code, Cts. & Jud. Proc. § 3-904 imposes a 3-year SOL for wrongful death, running from the date of death (10 years for occupational disease).

3. Medical Malpractice

Md. Code, Cts. & Jud. Proc. § 5-109 imposes 5 years from injury or 3 years from discovery, whichever is shorter. Minors under 11 have until age 11 or 3 years from injury (§ 5-201).

4. Discovery Rule

Maryland applies the discovery rule broadly under Poffenberger v. Risser, starting limitations when the plaintiff knows or should know of the wrong.

5. Minor / Disability Tolling

Md. Code, Cts. & Jud. Proc. § 5-201 tolls SOL during minority and mental incapacity. Minors have 3 years from majority to sue (subject to malpractice limits).

6. Government Defendant

The Local Government Tort Claims Act (Md. Code, Cts. & Jud. Proc. § 5-304) requires written notice within 1 year of injury. The Maryland Tort Claims Act (State Gov't § 12-106) requires submission of a claim to the Treasurer within 1 year.

7. Product Liability

Subject to the 3-year SOL under § 5-101. Maryland has no general products statute of repose; § 5-108 imposes a 20-year repose on improvements to real property.

8. Equitable Tolling / Fraudulent Concealment

Md. Code, Cts. & Jud. Proc. § 5-203 tolls SOL when a defendant fraudulently keeps a party in ignorance of the cause.

9. Borrowing Statute

Md. Code, Cts. & Jud. Proc. § 5-115 borrows the shorter SOL of the state where the cause of action arose for non-resident plaintiffs.

This is legal information, not legal advice.