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Statutes of
Limitations and Notice Requirements
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MARYLAND INJURY ATTORNEY
CAR ACCIDENT IN MARYLAND ACCIDENT IN MD
MARYLAND
BIRTH INJURY ATTORNEY MARYLAND PERSONAL INJURY ATTORNEY
MARYLAND AUTO ACCIDENT ATTORNEY MARYLAND AUTO ACCIDENT LAWYER
MARYLAND CAR ACCIDENT ACCIDENT MARYLAND
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The Law Offices Of:
KEITH BLAIR BARTNIK, P.A.
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Statutes of Limitations and Notice
Requirements |
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Maryland personal injury cases always require that certain
events occur prior to the end of specific periods of time. For
example in Maryland accident cases persons entitled to bring a
PIP claim must file that PIP claim with on one year from the
date of the accident. If you fail to file the PIP claim as
required you will be barred from bring the claim. Similarly
there are limitations periods on the filing of the law suit for
compensation for the injuries suffered in the accident claim. In
Maryland you have three years from the date of the accident to
file suit. This date may change only in special circumstances
such as a minor child or a person under disability. The failure
to file suit within the time frame of the statutes of
limitations means you are barred from filing suit. Additionally,
there are notice requirements in certain cases that must be
filed. The failure to file notice within the required times
means your case will be barred. I have outlined below the
various limitation and notice periods. DO NOT RELY UPON THIS
LIST IN MAKING DECISIONS ON YOUR CASE. I SUGGEST YOU CONTACT MY
OFFICE TO REVIEW YOUR CASE TO BE SURE YOU DO NOT MISS FILING
OR NOTICE REQUIREMENTS.
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This list was
updated on June 9, 2003. The law
frequently changes. Therefore it is
necessary for you to make certain that
there have been no significant changes
to any of the following statutes.
- General
Statute of Limitations- 3 years from
the date the cause of action
“accrues.” Discovery rule applicable
to tort actions – the cause of
actions accrues, and limitations
begin to run, when the Plaintiff
knew or reasonably should have known
of the alleged wrong. (CJ 5-101)
- Promissory
Note or other instrument under seal,
bond, (except a public officer’s
bond See 5-104 – 5 years from the
date of the bond), judgment,
recognizance, contract under seal or
“any other specialty”- 12 years
after the cause of action accrues or
within 12 years from the date of the
death of the last to die of the
principle debtor creditor, whichever
is sooner (CJ 5102).
- Adverse
possession – 20 years from the date
the cause of action accrues. (CJ
5-103).
- Assault, libel
or slander – 1 year from the date
the cause of action accrues. (CJ
5-105).
- Medical
malpractice (action against health
care provider) – 3 years from the
date the injury is discovered or 5
years after the date the injury was
committed, whichever is sooner. (CJ
5-109). If the injury is to a
minor child the limitation dates all
change. Please contact my office for
an accurate review of the
limitations in your situation.
- Claim against
architect, professional engineer or
contractor – 3 years after the cause
of action accrues (see (e) accrues
when the injury or damage occurs)
but no more than ten years after the
date the entire improvement first
became available for its intended
use. (CJ 5-108) – 20 years if not
against architect, professional
engineer or contractor.
- Suit for
damages against a municipality or
its employees – Notice of intent to
use must e given within 180 days of
the injury. Upon motion and for good
cause, court may waive notice
requirement unless defendant can
affirmatively show that its defense
has been prejudiced by lack of
required notice. (CJ 5-304).
- Suit against
State – Must submit written claim to
treasure within 1 year after injury
to person or property that is the
basis of the claim. If Treasurer
denies claim finally, suit must be
filed within 3 years after cause of
action arises. (SG 12-106).
- Employment
discrimination claim – Claim must be
filed with EEOC or Maryland Human
Relations Commission within 180 days
of the allegedly discriminatory act.
(Art. 49B, section 9 et. Seq.; 42
U.S.C. section 20000e-5(e). if
commission determines no probable
cause and sends a right to sue
letter, suit must be instituted
within 90 days of the letter. (42
U.S.C. section 2000e-5(f)).
- Mechanic liens
– Petition to enforce must be filed
within 180 days from the date the
work was finished or the materials
furnished. (RP 9-105). Right to
enforce any lien expires at end of 1
year from the day on which the
petition is filed to enforce the
lien. (RP 9-109).
- Claims against
an estate- 6 months from the date of
death or 2 months after Notice to
Creditors, whichever is earlier. (ET
8-103). If decedent covered by a
liability insurance policy, which at
time action is instituted provides
insurance coverage for the
occurrence, then the filing of the
claim is governed by the period of
limitation generally applicable to
such action. (ET 8104 (e)).
- Workers
compensation – Must file claim with
commission within 60 days after
accidental personal injury. Failure
to do so bars claim unless excused
by Commissioner. Claim is completely
barred if fail to file within 2
years from the date of the accident
(LE 9-709), or 2 years from the date
of the employer’s first report of
accident to commissioner. (LE
9-708).
- Bankruptcy –
90 days from the first date set for
the first meeting of creditors. (BR
Rule 3002). Chapters 7, 12, 13.
- Federal estate
tax return – 9 months from the date
of death. (26 U.S.C.A. section
6075).
- Other
statutory limitations- see CJ 5-101
et. Seq.
- Contract
provisions may shorten time to make
claim, i.e., some AIA contracts
specify that a party must request
arbitration within 1 year or waive
any claims.
- Administrative
claims- check code and COMAR.
Other states- different limitations,
i.e.,
Virginia - 2 year statute of limitations
Delaware - 2 year statute of limitations
New Jersey - 2 year statute of
limitations
NOTICE REQUIREMENTS:
TORT CLAIMS AGAINST GOVERNMENT ENTITIES
Federal Government 28 U.C.S. Section
2401. 2671 et seq (2 years)
State Md State Government Art Section
12-101 et seq (1 year)
County and Municipal Md Cts add Judicial
Proceedings Art section 5-301 et. seq
(180 days)
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PIP (1 year)
Uninsured Division of MAIF (used for
uninsured plaintiff in accident with
uninsured defendant) Md Insurance Art
section 20-603 (180 days) |
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Offices Located Through Out Maryland
Anne Arundel County:
7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061
(410) 760-7339
Baltimore City
Office Meeting Location:
111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202
(410) 685-7339
Baltimore County:
10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136
(410) 363-7339
Howard County
Office Meeting Location:
10480 Little Patuxent Parkway, Ste 400, Columbia, Maryland 21044
(410) 740-7339
Prince George County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301) 474-7339
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