Following an accident, it is common to feel overwhelmed by mounting medical bills, intense emotional trauma, and the struggle to return to normalcy. While navigating this challenging time, you might have postponed legal action for weeks or even months. Although this delay is completely understandable, it can regrettably compromise your potential to secure the compensation you are entitled to. Please continue reading to learn how the statute of limitations can affect your right to compensation and how a knowledgeable personal injury attorney in Baltimore County at Markey & Orsi can help you determine whether you still have time to pursue a claim in Maryland.
What Is the Statute of Limitations in Maryland?
The statute of limitations refers to the allotted amount of time injured parties are afforded to file a lawsuit after an accident. Essentially, it sets the maximum time to initiate legal proceedings in Maryland. These deadlines are designed to ensure claims are filed within a reasonable timeframe while evidence and witness testimony are available.
In Maryland, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, certain circumstances will “toll” (pause) the legal clock, such as if the injured party is a minor or if the injury was not immediately discovered.
If your personal injury claim involves a government entity or employee, you often face a much shorter deadline. You typically need to file a Notice of Claim within 180 days of the incident. This informs the state or local government agency of a claim for injuries, ensuring they have ample time to investigate the merits of the claim before a lawsuit.
It should be noted that failure to file your personal injury claim within the allotted timeframe will result in the absolute bar of recovery. You ultimately relinquish your right to sue for damages, and your case will be dismissed. If you have missed a deadline, it is in your best interest to connect with an attorney as soon as possible, as they can determine if any specific exceptions apply to your case.
What Challenges Should I Expect If I File a Claim Months After the Accident?
While you usually have three years from the date of the accident to file a personal injury claim in Maryland, it is always encouraged to file as soon as possible. Delaying your accident claims presents significant hurdles. Over time, the recollection of key witnesses often fades, leading ot issues with the reliability of their subsequent testimony.
In addition, pertinent evidence from the accident scene is vulnerable to being lost or damaged, rendering it unavailable for review. This can make it much more challenging to establish liability. This lapse also invites insurance companies, which prioritize their own financial interests, to question the validity of claims filed long after the accident, leading to greater scrutiny and disputes.
As you can see, delays in filling can create unique challenges. At Markey & Orsi, our legal team is prepared to help you pursue the maximum compensation to which you are entitled. Contact our office today to schedule a consultation.