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After a car crash, your first thoughts are often focused on getting medical care, arranging transportation, and dealing with the insurance company. But there’s another critical factor that can affect your ability to recover compensation: the clock is ticking.
Maryland law places firm deadlines on when you can take legal action after a crash, and missing them could cost you your claim. Understanding how long you have—and what exceptions might apply—can make all the difference.
Maryland’s Deadline to File a Car Accident Claim
In Maryland, most car accident claims are subject to a three-year statute of limitations. This means that, in most cases, you have three years from the date of the accident to file a lawsuit for personal injury or property damage.
If you try to file after this period, the court will likely dismiss your case, regardless of how strong your evidence may be. That’s why it’s essential to keep track of the accident date and take action well before the deadline passes.
The same three-year limit typically applies to wrongful death claims, though the clock starts on the date of death rather than the accident itself.
Why Waiting Too Long Can Hurt Your Claim
Even though three years may seem like a long time, waiting too long can create serious problems:
- Evidence can disappear. Photos get deleted, vehicles are repaired, and accident scenes change quickly.
- Witness memories fade. People may forget key details or become unreachable over time.
- Medical documentation may weaken. The longer the gap between the accident and treatment, the harder it is to link your injuries to the crash.
- Insurance companies may delay or deny coverage. If they sense hesitation or gaps in your case, they may push back on your claim or try to settle for less.
The sooner you start building your case, the better chance you have of preserving the facts and securing fair compensation.
Exceptions That Could Shorten or Extend the Deadline
While the general rule is three years, there are a few important exceptions that can affect the timeline:
Claims Against the Government
If your accident involved a government vehicle (like a city bus or county truck), you may need to file a notice of claim within 180 days of the crash. This notice is required before you can file a lawsuit, and missing it could eliminate your right to recover altogether.
Injured Minors
If a child under 18 is injured in a crash, the statute of limitations typically doesn’t begin until the child turns 18. That means they would have until their 21st birthday to file a lawsuit. However, claims for medical bills (which are typically submitted by parents) may still be subject to the standard three-year timeline.
Mental Incapacity or Medical Delays
In some cases, a person may be unable to take legal action due to mental incapacity or other unusual circumstances. Maryland law may allow for the statute of limitations to be “tolled” or paused in these rare situations, but the rules are narrow and often require court approval.
How a Lawyer Can Help You File on Time
The rules around deadlines can be confusing, especially when exceptions apply. That’s where an experienced attorney can step in and help you stay on track.
At McGowan & Cecil, we guide car accident victims through every stage of the process, including:
- Calculating and tracking all applicable deadlines
- Gathering and preserving time-sensitive evidence
- Coordinating with medical providers and insurance companies
- Filing necessary notices for claims involving government entities
- Making sure your claim is filed correctly, before time runs out
Our team understands how Maryland courts handle personal injury deadlines and works proactively to keep your case on the proper timeline. We handle injury claims on a contingency fee basis, which means you don’t pay anything unless we recover compensation for you.
Don’t Wait to Protect Your Rights
Maryland’s time limits for car accident claims are strict, and missing a deadline can mean losing your chance at recovery. If you’ve been hurt in a crash, it’s never too early to explore your legal options. Acting sooner gives you the best chance to protect your health, your finances, and your future. Contact McGowan & Cecil today.