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Maryland's Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be filed within three years of the date of death. In cases where the action is based on exposure to any toxic substance in the person’s workplace and contracted by the person in the course of employment, however, suit must be filed within ten years of the date of death or within three years of the date when the cause of death was discovered, whichever time period is shorter.

Personal Injury Actions

These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions

Actions against health-care providers must be filed within five years of the date that the act giving rise to the injury occurred, or within three years after the injury was discovered. In the case of a minor under 11 years of age, the statute of limitations begins to run on the minor's 11th birthday. Additionally, when a minor under 16 suffers an injury to the reproductive system or an injury caused by a foreign agent negligently left in the body, the statute of limitations begins to run on the child's 16th birthday.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, a minor must file suit within three years of his or her 18th birthday or within the time set in the particular statute, whichever comes first.

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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.

The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.

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