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 10 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.
A workers' compensation action must be filed within two years from the date of the accident that caused the injury. You are also required to submit your claim for workers' compensation with the Maryland Workers' Compensation Commission within 60 days.
What are Statutes of Limitations?
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 guides in this section provide 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.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.