Statute of Limitations
Topics on this page:
- What is a statute of limitation?
- How do I know when my statute of limitation begins?
- Does anything delay the start of the limitation period?
- Civil Statutes of Limitations
- Criminal Statutes of Limitations
What is a statute of limitation?
The phrase "statute of limitations" refers to the limited period of time within which you can file a lawsuit against someone who harmed you. In Maryland, for most civil actions you have a period of three years after the act which caused you the harm to file a lawsuit. However, by law some types of cases have a different limitation period, by law. For example, the limitation period for assault, libel, or slander is one year.
The clock on the statute of limitations time period usually starts running on the date you were harmed, but not always. There are times when the starting of the clock is delayed. The section Does anything delay the start of the limitation period? has more information.
Failure to file the lawsuit within the allowed period of time can result in permanently losing the ability to bring that lawsuit. If you have questions about your suit or the time for filing, contact an attorney for advice.
Read the Law: Md. Code, Courts and Judicial Proceedings, § 5-101,§ 5-105
How do I know when my statute of limitation begins?
Once you have found the statute of limitations rule that applies to your case, you need to decide when your right to make a claim for damages in court started. Once you have determined when your right to make a claim for damages started, you can calculate when the filing period will expire, based on the time period specified in the statutory limitations rule that applies. In most cases, the statute of limitations period starts running on the date you were “harmed.” It is like the “sell by” expiration date on a quart of milk. You cannot “sell” your claim to the court after the time period has expired.
Example: Assume you were harmed on August 1, 2021. You consult an attorney and find out that the statute of limitations for your case is three years. That means you will have until August 1, 2024, to file a claim in court. If you file on August 21st, the other side can claim that the statute of limitations has expired (or “run”). If the court agrees, the case is likely to be dismissed because the time frame for you to file your claim has expired.
The date you were “harmed” refers to:
- The date your property was harmed;
- The date the contract or agreement was broken; or
- The date you were injured.
Does anything delay the start of the limitation period?
There is an exception to the statute of limitations rule that applies in a situation where you did not know that you were harmed. Your lack of knowledge of the harm must be reasonable. If the court agrees, you may be allowed extra time to file your lawsuit.
Example: Assume you had surgery, and the surgeon accidentally left a sponge in the incision site. You did not know, and you did not experience any pain or symptoms. The medical error was discovered a year later when you underwent another surgery. Because it was reasonable for you to be unaware of the error, the statute of limitations may begin on the date you discovered it, not on the date the first surgeon made the medical error.
If you felt like something was wrong after the first surgery and you neglected to seek medical attention, a court may find that a reasonable person would have sought help and discovered the error sooner. In that case, the court may not extend the statute of limitations.
In general, the extra time for a statute of limitations is calculated by deciding on which date the statute of limitations period should start. There are three possibilities, described below. If you think that this might apply to your case, consult with an attorney.
| Statute of Limitations Start Date: Which one applies to my case? | ||
| Earliest Possible Date < | > Last Possible Date | |
| The date that you or your property were harmed. | The date the judge says that you should have discovered that you had been harmed (even if you did not know about it). | The date that you actually discovered that the harm had occurred |
General Statutes of Limitations for Some Common Situations:
Please note, the following are only general limitation periods. The specific circumstances of your case may change the time period you are allotted to bring a claim. While we strive to keep all content up to date, rules on the above time limits change from time to time. Make sure to verify the deadline to file your claim with the Maryland statutes.
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Type of Claim, and Time Limit |
Statutory Code |
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Civil Claim - 3 years |
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Assault, libel, slander - 1 year |
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Fraud - 3 years |
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Battery - 3 years |
Courts and Judicial Proceedings, § 5-101 |
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Judgments - 12 years |
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Written Contracts Under Seal - 12 years |
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Recover Land Trespassed Upon - 20 years |
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Wrongful Death - 3 years from date of death |
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Personal Injury - 3 years from date of injury |
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Written Contract - 3 years |
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Oral contract - 3 years |
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Medical Malpractice (age 11+) - lesser of 5 years from date of injury or 3 years from date of discovery |
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Trespass - 3 years |
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Collection of Rent - 3 years |
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Default under a lease contract - 4 years |
Commercial Law, § 2A–506 |
Limitations for Crimes:
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Crime and Time Limit |
Code or Case |
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Felony - no limit |
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Misdemeanor, generally - 1 year |
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Misdemeanor punishable by imprisonment in penitentiary - no limitation |
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Fines for election law offenses - 4 years |
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Tax violations - 3 years |
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Fish and wildlife violations - 2 years |
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Computer crimes - 3 years |
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Abuse or neglect of a vulnerable adult - 2 years |