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How long do I have to file a lawsuit?

Legal Strategy

The deadline for filing a lawsuit is known as the statute of limitations. Missing the statute of limitations can prevent you from bringing a lawsuit, even if you have a strong case. It is absolutely critical that you understand your statute of limitations deadline, and that you talk to your lawyers about it.


Figuring out when the statute of limitations expires is sometimes straightforward, and sometimes very tricky. It depends on what happened, where it happened, and when you found out about it. Every state has statutes of limitations, but the deadlines vary depending on the state and type of case.


In Maryland, some relevant statute of limitations rules are as follows:


  • Medical malpractice cases: Generally must be filed within three years of the date you should have discovered your injury or five years from the date your injury happened, whichever is earlier. Sometimes, people are injured because of malpractice even if they do not know about it. For example, when a doctor misses a cancer diagnosis, the patient's cancer could continue to get worse, even though they do not even know they have cancer. That could affect when their statute of limitations deadline expires.

  • Personal injury cases (such as car crashes or negligence claims): Typically must be filed within three years of the date of the accident or injury.

  • Wrongful death cases: Surviving family members' claims must be filed within three years of the date of death, although the deceased person's claim has a different time limit.


There are also exceptions that apply in unique cases, such as cases involving injury to minors, certain birth injuries, or situations where the injury was not immediately apparent. Additionally, cases against state and federal government employees or entities often have earlier statutes of limitations than cases against private individuals or companies.


Because legal deadlines are complex, difficult to determine, and unforgiving, it is critical to speak with an experienced lawyer as soon as possible after an injury or loss.

How long do I have to file a lawsuit?

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