What is the statute of limitations in Maryland?
Maryland civil limitations are codified in Md. Code, Courts and Judicial Proceedings (Cts. & Jud. Proc.), Title 5.
1. Personal Injury — 3 Years
Md. Code, Cts. & Jud. Proc. § 5-101: A civil action at law shall be filed within 3 years from the date it accrues unless another provision of the Code provides a different period.
2. Written Contract — 3 Years (12 Years if Sealed)
Md. Code, Cts. & Jud. Proc. § 5-101: General 3-year rule applies. § 5-102: Specialty contracts under seal — 12 years.
3. Oral Contract — 3 Years
Same 3 years under § 5-101.
4. Property Damage — 3 Years
Same 3 years under § 5-101.
5. Fraud — 3 Years (Discovery Rule)
Md. Code, Cts. & Jud. Proc. § 5-203: If the knowledge of a cause of action is kept from a party by the fraud of an adverse party, the cause of action shall be deemed to accrue at the time when the party discovered, or by the exercise of ordinary diligence should have discovered the fraud — 3 years from discovery.
6. Medical Malpractice — 5/3 Years
Md. Code, Cts. & Jud. Proc. § 5-109(a): An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider shall be filed within the earlier of: (1) 5 years of the time the injury was committed; or (2) 3 years of the date when the injury was discovered. Minors: tolled until age 11 (or age 16 for foreign object claims). Certificate of qualified expert required within 90 days under § 3-2A-04.
7. Wrongful Death — 3 Years
Md. Code, Cts. & Jud. Proc. § 3-904(g): An action under this subtitle shall be filed within 3 years after the death of the injured person.
8. Other Notable Periods
9. Tolling
Md. Code, Cts. & Jud. Proc. § 5-201 tolls for minority (under 18) and mental incompetence.
This is legal information, not legal advice.
- You missed the 1-year Local Government Tort Claims notice
- Your medical malpractice claim requires a certificate of qualified expert
- You have a sealed contract (12-year period)
- Md. Code, Cts. & Jud. Proc. § 5-101
- Md. Code, Cts. & Jud. Proc. § 5-102
- Md. Code, Cts. & Jud. Proc. § 5-109
- Md. Code, Cts. & Jud. Proc. § 5-203
- Md. Code, Cts. & Jud. Proc. § 3-904
- Md. Code, Cts. & Jud. Proc. § 5-304
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.