What are Maryland's personal injury statutes?

Maryland’s general personal injury limitations period is three years from accrual under Md. Code Ann., Cts. & Jud. Proc. § 5-101. In medical-malpractice cases, Maryland instead applies the special limitations period in Md. Code Ann., Cts. & Jud. Proc. § 5-109, which generally requires suit within the earlier of five years from when the injury was committed or three years from discovery.[1]

CIRAC

Conclusion

For most Maryland personal injury claims, the statute of limitations is 3 years.[2] If the claim is for injuries arising from professional services by a health care provider, the special medical-malpractice statute in Md. Code Ann., Cts. & Jud. Proc. § 5-109 usually controls.[1]

Issue

What limitations period governs personal injury claims in Maryland?

Rule

“A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.” Md. Code Ann., Cts. & Jud. Proc. § 5-101[2]

For health-care-provider claims:

“An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider ... shall be filed within the earlier of: (1) Five years of the time the injury was committed; or (2) Three years of the date the injury was discovered.” Md. Code Ann., Cts. & Jud. Proc. § 5-109[1]

Application

In practice, Maryland plaintiffs usually analyze the claim type first. Ordinary negligence, slip-and-fall, assault, product liability, and similar tort claims generally fall under the default 3-year period in Md. Code Ann., Cts. & Jud. Proc. § 5-101.[2] If the case involves alleged malpractice or other injury arising from a health care provider’s professional services, counsel must evaluate Md. Code Ann., Cts. & Jud. Proc. § 5-109 because it is shorter in some cases and operates as an outside time bar.[1]

Factors and defenses courts will consider

Maryland courts will typically look at:

• When the claim accrued for purposes of Md. Code Ann., Cts. & Jud. Proc. § 5-101.[2]
• Whether the claim falls within the special medical-malpractice framework of Md. Code Ann., Cts. & Jud. Proc. § 5-109.[1]
• Whether a discovery rule applies in the particular claim.[1][2]
• Any tolling or statutory exceptions, such as those tied to minority or foreign objects in medical-malpractice cases.[1]

Defenses commonly raised include:

• Statute of limitations under Md. Code Ann., Cts. & Jud. Proc. § 5-101 or Md. Code Ann., Cts. & Jud. Proc. § 5-109.[1][2]
• Lack of accrual within the claimant’s asserted discovery date.[1][2]
• In malpractice cases, that the claim is time-barred by the earlier-of structure in Md. Code Ann., Cts. & Jud. Proc. § 5-109.[1]

Practical takeaway

If you are screening a Maryland injury case, start with this simple rule:

If you want, I can also give you a Maryland personal-injury limitations chart covering wrongful death, med mal, minors, and tolling.