If you’ve been injured in Maryland, you generally have three years from the date of the accident to file a personal injury claim. That means the clock starts ticking the moment your injury occurs—waiting too long can cost you your entire case.
At The Law Office of Marc J. Atas & Associates, we’ve helped injured Maryland residents protect their rights for over 40 years. Below, we explain how long you have to file, what exceptions apply, and why acting fast is crucial to winning your claim.
1. Maryland’s Statute of Limitations for Personal Injury Cases
In Maryland, most personal injury cases fall under a three-year statute of limitations.
That deadline applies to cases involving:
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Car accidents
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Slip and fall injuries
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Truck and motorcycle crashes
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Dog bites
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Medical malpractice
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Product liability
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Wrongful death
This three-year time limit is set by Maryland Courts & Judicial Proceedings Code § 5-101.
If you file your lawsuit even one day after the deadline, the court will almost certainly dismiss it—no matter how serious your injuries are.
2. What Does the “Clock Start” Date Mean?
The countdown starts on the date of the accident or injury—the day the harm occurred.
However, some cases qualify for what’s known as the “Discovery Rule.”
The Discovery Rule
If you didn’t know right away that you were injured—or didn’t know what caused your injury—the clock starts when you discovered or reasonably should have discovered the injury.
For example:
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A patient learns a year later that a surgical tool was left inside their body.
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A worker develops a lung disease years after exposure to toxic dust.
In such cases, the three-year period begins when the injury is discovered, not necessarily when it occurred.
3. Exceptions That Can Change the Deadline
While most Maryland injury cases have a three-year filing period, some exceptions can shorten or extend that deadline.
a. Claims Against Government Entities
If your injury involves a state, city, or county government agency, you must act much faster.
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State of Maryland or local government: You must file a written notice of claim within 1 year under the Maryland Tort Claims Act (MTCA).
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This applies if you were injured by a government vehicle, on public property, or due to a government employee’s negligence.
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If you miss the 1-year notice requirement, you may lose your right to sue—even if the 3-year lawsuit deadline hasn’t expired.
b. Workers’ Compensation Claims
For job-related injuries in Maryland, different rules apply:
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You must notify your employer immediately, and
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File a formal workers’ compensation claim within 60 days of the accident (up to 2 years in special cases).
If you delay, the Maryland Workers’ Compensation Commission can deny your claim.
c. Medical Malpractice Cases
These are more complex.
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You must generally file within 5 years from the date of the injury or 3 years from the date you discovered it, whichever comes first.
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Maryland law also requires that you file a claim with the Health Care Alternative Dispute Resolution Office before taking it to court.
d. Injury Involving a Minor
If the injured person was under 18 when the accident happened, the 3-year deadline doesn’t start until they turn 18.
That means a minor typically has until their 21st birthday to file a claim.
4. Why Filing Quickly Matters
Even though you may technically have up to three years, waiting is risky.
Every day that passes makes it harder to prove your case.
Here’s why:
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Evidence disappears: Security camera footage, skid marks, and damaged property can be lost or erased.
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Witness memories fade: Testimonies weaken over time.
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Insurance companies gain leverage: The longer you wait, the easier it is for them to argue your injuries weren’t serious or were caused by something else.
At Atas Law, we always say: the sooner you act, the stronger your case.
5. What Happens If You Miss the Deadline?
If you file after the statute of limitations expires:
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The court will dismiss your case outright.
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You’ll lose your chance to collect any compensation for medical bills, lost income, or pain and suffering.
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The insurance company will have no reason to negotiate, knowing the law protects them.
That’s why you should always speak with a lawyer as soon as possible—even if you’re unsure how serious your injury is.
6. Steps to Protect Your Claim Right Now
Here’s exactly what you should do right after an accident in Maryland:
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Get medical care immediately. Document every visit and bill.
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Report the incident to police, your employer, or property management.
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Collect evidence: photos, videos, witness info, receipts.
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Avoid talking to insurance adjusters without legal advice.
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Call a Maryland personal injury lawyer before deadlines sneak up on you.
At Marc J. Atas & Associates, we take over the paperwork, insurance calls, and legal deadlines so you can focus on healing.
7. Common Maryland Injury Deadlines at a Glance
| Type of Case | Deadline to File Claim/Lawsuit | Special Notes |
|---|---|---|
| Car, Truck, Motorcycle, Slip & Fall | 3 Years | From date of injury |
| Medical Malpractice | 3 Years from discovery / 5 Years from injury | Must file with Health Care ADR Office first |
| Wrongful Death | 3 Years from date of death | Filed by family or estate |
| Government Entity Claim | 1 Year Notice of Claim | File with agency under MTCA |
| Workers’ Compensation | 60 Days (2 Years max in some cases) | Report injury to employer immediately |
| Injury to a Minor | 3 Years after turning 18 | Effectively until age 21 |
8. Why Choose The Law Office of Marc J. Atas & Associates
✅ Over 40 Years of Experience winning injury cases across Maryland.
✅ Millions recovered for clients in car, truck, and workplace accidents.
✅ No Fee Unless You Win. We work on contingency.
✅ Aggressive, detail-driven advocacy against insurance companies.
✅ Personal attention from Attorney Marc Atas and his experienced team.
We’ve seen how easily people lose their right to compensation simply because they waited too long. Don’t let that happen to you.
9. Frequently Asked Questions
Q: Does insurance count as filing a claim?
A: No. Reporting the accident to insurance is not the same as filing a lawsuit. To preserve your rights, the actual lawsuit must be filed before the statute of limitations expires.
Q: What if I’m still in medical treatment and the 3 years is almost up?
A: You can still file the lawsuit to preserve your claim before the deadline. The case can continue while your treatment progresses.
Q: Can the deadline ever be extended?
A: Rarely. Only limited exceptions apply—such as if the defendant left the state, you were mentally incapacitated, or the injury was discovered later (Discovery Rule).
10. Bottom Line
So—how long do you have to file an injury claim in Maryland?
👉 Three years in most cases, and much less for certain types.
Don’t risk losing your right to compensation. Every day counts.
At The Law Office of Marc J. Atas & Associates, we’re here to make sure deadlines never cost you your case.
Call Now for a Free Consultation
📞 (410) 752-4878
💻 www.ataslaw.com