A car accident victim in Frederick, Maryland must understand the statute of limitations for filing a legal claim. Under Maryland law, individuals typically have three years from the date of the accident to file a car accident lawsuit. Working with an experienced car accident lawyer can help ensure all necessary legal deadlines are met while building a strong case for compensation.
The Three-Year Filing Window
Maryland Courts and Judicial Proceedings Code Section 5-101 establishes the three-year statute of limitations for most personal injury cases, including car accidents. This time limit applies to lawsuits seeking compensation for medical expenses, vehicle damage, lost wages, pain and suffering, and other accident-related damages.
However, certain circumstances may affect this timeline. For example, if the accident resulted in a fatality, the family has three years from the date of death, not necessarily the accident date, to file a wrongful death lawsuit.
Exceptions to the Standard Timeline
While the three-year limit is standard, some situations may extend or shorten the filing deadline:
Government Entities: If the accident involved a government vehicle or employee, special notice requirements apply. Claims against Maryland state entities require notice within one year. Claims against local governments may have even shorter deadlines.
Minor Victims: When the injured party is under 18, the statute of limitations typically doesn’t begin until they reach legal age. This means they may have until their 21st birthday to file a lawsuit.
The Importance of Prompt Action
Despite having three years to file a car accident lawsuit in Frederick, Maryland, taking immediate action after a car accident offers several advantages:
Evidence Preservation: Physical evidence, witness memories, and surveillance footage may deteriorate or disappear over time. Early investigation helps preserve crucial evidence.
Medical Documentation: Prompt medical attention creates a clear link between the accident and injuries, strengthening the legal claim.
Insurance Requirements: Insurance companies often have much shorter deadlines for filing claims, sometimes as brief as 30 days after the accident.
Steps to Protect Legal Rights
To maintain the ability to file within the statute of limitations, accident victims should:
- Document the accident scene thoroughly
- Obtain police reports and witness information
- Keep detailed medical records
- Track all accident-related expenses
- Consult with legal representation early in the process
Sources: Maryland Courts and Judicial Proceedings Code, Maryland Insurance Administration Guidelines