Maryland's General Personal Injury Statute of Limitations
Under Courts and Judicial Proceedings Article §5-101, the general statute of limitations for personal injury claims in Maryland is three years from the date the cause of action accrues. For most personal injury cases, the cause of action accrues on the date of the injury — the date of the accident, fall, or other incident that caused harm.
A claim filed after the statute of limitations has expired is subject to dismissal with prejudice — permanently ending the right to pursue that claim, regardless of how meritorious it might otherwise be. Maryland courts apply these deadlines strictly, and exceptions are narrow.
Government Entity Claims — 1-Year Notice Requirement
Claims against state or local government entities in Maryland — including claims involving government vehicles, government-owned property, or government employees acting in their official capacity — are subject to a special notice requirement under the Local Government Tort Claims Act (LGTCA) and state tort claims provisions.
Claims against local government entities under the LGTCA must be presented by written notice to the appropriate government entity within 1 year of the date the injury occurs. This notice requirement is separate from — and in addition to — the general three-year statute of limitations. Failure to provide timely notice bars the claim permanently, with only limited exceptions where the defendant cannot show prejudice from lack of notice. If your injury involved a government vehicle, a municipal bus, a county-owned road defect, or any other government entity, the one-year clock begins running immediately.
Key Statutes of Limitations by Claim Type in Maryland
| Claim Type | Limitations Period | Key Notes |
|---|---|---|
| General personal injury | 3 years | From date of injury; CJ §5-101 |
| Wrongful death | 3 years | From date of death; CJ §3-904 |
| Medical malpractice | 5 years from injury / 3 years from discovery | Whichever is shorter; CJ §5-109 |
| Claims against government entities (LGTCA) | 1 year notice + 3 years to file suit | Notice failure bars claim; Cts. & Jud. Proc. §5-304 |
| Injury to minor | Tolled until age 18 (then 3 years) | Subject to specific rules and exceptions |
| Latent injury / discovery rule | 3 years from discovery | Applies when injury not immediately apparent; narrow |
| Product liability | 3 years from injury | 20-year repose applies to defective improvements to real property (§5-108); consult attorney for product-specific claims |
Tolling — When the Clock Pauses
Maryland law recognizes several circumstances that can toll (pause) the statute of limitations:
- Minority — The three-year limitations period for claims on behalf of minors generally does not begin running until the minor reaches age 18, subject to specific statutory rules and exceptions
- Mental incapacity — The limitations period may be tolled when the plaintiff is mentally incapacitated at the time the cause of action accrues
- Fraudulent concealment — When a defendant actively conceals the existence of the claim, the limitations period may be tolled until the plaintiff discovered or reasonably should have discovered the concealment
- Discovery rule — For latent injuries or conditions where the harm is not immediately apparent, the limitations period may not begin until the plaintiff knew or reasonably should have known of the injury and its cause