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March 20, 2023

How Long After an Accident Can You Sue in Maryland?

If you were recently injured in a car accident, legal action might not be the first thing on your mind. While your health should be your first priority, you should know that you have a limited time window to file a claim, and it’s important to know how long you have to sue in Maryland. If you wait too long to take action, you could lose your chance to recover damages.

Filing paperwork and following court procedures can be challenging, especially when the lock is ticking. Montero Law Group will know if you can sue in Maryland, and can help you meet the necessary deadlines. We will strive to ensure that you do not miss out on your chance to collect the compensation that you deserve.

How Long After an Accident Can You Sue in Maryland?

Some accidents can be resolved outside of court, but it is often necessary to file a civil lawsuit for a car accident. While claims do not have to be filed immediately, Maryland’s statute of limitations only gives you so much time to file a claim.

How long after a car accident can you sue? Typically, injured parties have up to 3 years from the accident date to file a lawsuit. If you fail to file a claim within this time frame, you may be barred from doing so in the future.

These restrictions apply to most car accident claims, but it is worth noting that there are exemptions to this rule. In some cases, the time limits for suing after a car accident may actually be more strict. As an example, in cases where the at-fault party was a government entity, the defendant must be notified of an intent to file within 180 days of the accident.

If a car accident was fatal, and the accident was caused by another party’s negligence, the surviving family members of the deceased can pursue a wrongful death claim against the at-fault party. In these cases, the time limit to file begins on the date of death rather than the date of the accident.

The time limits for filing a claim may also be extended in cases involving a minor or cases involving extenuating circumstances, such as hidden evidence or severe injuries that interfered with a person’s ability to file. Do not hesitate to reach out to a car accident lawyer in Silver Spring, MD, if you have questions about your car accident claim.

When Should You File a Car Accident Claim

While it is important to prioritize your health after an accident, you should aim to file a claim as soon as you reasonably can. Even though there is a three-year statute of limitations for most car accident injury claims, there are several factors that could delay your claim and keep you from filing within the specified window.

As an example, the defendant in your claim may try to have your claim dismissed. If these attempts are successful, you will be required to refile your claim. Statutes of limitations still apply when a claim is being filed for a second time, so you should give yourself ample time to amend and refile your case.

Be aware that it will only become harder for you to collect compensation if you delay filing your claim. If you were injured because of someone else’s negligence, you have a right to seek the damages you are owed. Do not hesitate to reach out to an attorney that can provide you with guidance and support.

What Should You Do If It’s Been More Than Three Years?

If you try to file a claim after the statute of limitations has expired, the court may dismiss your case, even if it is only one day late. That said, it is worthwhile to discuss your case with a car accident lawyer in Silver Spring, even if it is outside the time limit. As mentioned above, exceptions may apply in certain cases. An attorney can evaluate your claim and discuss your legal options.

Looking for a Car Accident Lawyer in Silver Spring?

Maryland laws require you to file car accident claims within a specific period of time. At times, it can be challenging to meet these limits, especially if you are recovering from serious injuries.

Montero Law Group can handle all aspects of your claim and file all necessary documents, ensuring you do not miss any filing deadlines. Our team will also ensure that your claim complies with civil procedure rules and that there aren’t any issues with filing your claim. Do not wait to take action on your car accident claim. Call us today for a consultation to get started on your case.