WGK Personal Injury Lawyers | May 30, 2025 | Car Accidents
Understanding how long after a car accident you can sue in Maryland is essential for protecting your legal rights. If you’ve been injured in a crash caused by someone else’s negligence, time is limited.
Knowing the deadlines and legal rules can help you act before it’s too late. It’s also always a good idea to consult an experienced car accident attorney about your case because exceptions may apply.
Continue reading to learn more about Maryland’s statute of limitations and how it may affect your car accident case.
Maryland’s Statute of Limitations for Car Accident Lawsuits
In Maryland, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means you typically must file your lawsuit within that time or risk losing your right to compensation.
This rule applies to lawsuits involving:
- Injuries suffered in a car accident
- Damage to your vehicle or other property
- Wrongful death claims if someone dies from accident-related injuries
There are some exceptions, but many cases must comply with this time limit. Missing the deadline usually results in your claim being dismissed, so it’s critical to consult with a lawyer as soon as possible after a car accident.
Why Time Matters in Car Accident Claims
Even if you plan to negotiate with the insurance company first, you should not delay taking legal action.
Waiting too long can lead to:
- Lost or destroyed evidence
- Faded witness memories
- Complications with proving liability or damages
Starting your case early gives your attorney time to build a strong claim and gather the necessary documentation to support your lawsuit.
Special Rules for Minors and Mental Incapacity
Maryland law allows exceptions for individuals who are unable to file a lawsuit immediately due to age or mental condition.
For example:
- If the injured person is under 18, the three-year statute of limitations typically begins on their 18th birthday.
- If the injured person is mentally incapacitated, the statute may be paused until they regain capacity.
These exceptions ensure that vulnerable individuals still have a fair chance to seek justice.
What If the Accident Resulted in Death?
If a loved one passed away in a car accident caused by someone else’s negligence, you may be eligible to file a wrongful death lawsuit. Under Maryland law, the statute of limitations for wrongful death is typically three years from the date of death, not the date of the accident.
Damages in these cases can include:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of companionship or financial support
You generally must act within the three-year window to preserve your rights.
Filing an Insurance Claim vs. Filing a Lawsuit
Filing an insurance claim is not the same as filing a lawsuit. You may start by reporting the accident to your insurer or the at-fault driver’s provider, but that doesn’t stop the statute of limitations from running.
If you can’t reach a fair settlement with the insurer, you’ll need to file a lawsuit within the applicable deadline to keep your options open.
What to Do After a Car Accident in Maryland
To preserve your right to sue, consider taking the following steps immediately after a crash:
- Seek medical attention and document your injuries
- File a police report and obtain a copy
- Notify your insurance company
- Gather contact information from witnesses
- Take photos of the scene, vehicle damage, and injuries
- Contact a qualified car accident attorney
These actions can strengthen your case and help ensure that you meet all deadlines.
Don’t Wait Too Long After Your Baltimore Car Accident to File a Lawsuit
You generally have three years to file a lawsuit after a car accident in Maryland, but there could be exceptions applicable to your case. The longer you wait, the harder it becomes to win your case.
If you or a loved one has been injured in a crash, consulting with an experienced Baltimore car accident lawyer can help you understand your rights and keep your claim on track.
Contact the Maryland Car Accident Lawyers of WGK Personal Injury Lawyers Today For Help
For more information contact the Maryland personal injury law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080