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Negligence / Personal Injury
3 Years3 Years with Discovery Rule
Products Liability
3 Years3 Years with Discovery Rule
Wrongful Death
3 years from date of death unless caused by occupational disease whereupon shorter of 10 years from death or 3 years from time the cause of death is discovered. (Note: A Maryland appellate court has ruled that a widow’s wrongful death action was timely if she was unaware that her late husband’s mesothelioma was caused by asbestos exposure.)
Medical Malpractice
5 years from injury or 3 years from discovery. If plaintiff under 11, period commences on 11th birthday unless damage is to reproductive system or by foreign object and then it commences at age 16.
Intentional Torts
1 Year1 Year
Professional Malpractice
The shorter of 5 years from commission or 3 years from discovery.
Fraud
If knowledge of cause of action is kept from party by fraud of adverse party, cause of action accrues at time when party discovered, or by exercise or ordinary diligence should have discovered, the fraud.
Medicaid Fraud
3 Years3 Years
Discovery Rule
Under Maryland’s “discovery rule,” the SOL begins to run when the "plaintiff discovers, or through the exercise of due diligence, should have discovered, the injury.” A plaintiff must have knowledge, either implied or express, in order to trigger the running of the SOL.
Disabilities
Mental incompetent or minor (18th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter.
Damages
Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
Charitable Immunity
Exists with certain exceptions involving hospitals and nursing homes.
Comparative Negligence
Comparative negligence rule not adopted.
Sovereign Immunity
Limited waiver of state’s sovereign immunity in tort claims to extent of insurance coverage.
Punitive Damages
Allowed in non-intentional tort actions only upon clear and convincing proof of malice. No municipal liability for punitive damages.
Consumer Fraud Complaint
Maryland Office of the Attorney General, Consumer Protection
(410) 528-8662 (Consumer Hotline)
(888) 743-0023 |
