Under Maryland law, you generally have three years from the date of the truck accident to file a personal injury lawsuit. It is imperative to know how much time you have, as missing this statutory deadline can prevent you from recovering compensation for your injuries and damages through a lawsuit.
Various factors, such as the complexity of the accident and the extent of your injuries, can influence the timeline for filing your claim. Consulting with a Maryland truck accident lawyer can ensure you navigate the legal process effectively and protect your right to seek compensation.
Statutes of Limitations for Maryland Truck Accident Cases
The statute of limitations is a legal deadline by which you must file a lawsuit to pursue a personal injury claim. In the context of truck accidents, this time limit ensures that cases are brought to court within a reasonable period after the incident. The purpose of this statute is to maintain the integrity of evidence, witness memories, and other critical aspects of your case.
Key Statutes of Limitations for Truck Accidents in Maryland
There are two statutes of limitations common to truck accidents in Maryland. Those two statutes are for the following:
- Personal Injury Lawsuits: Per Md. Cts. & Jud. Proc. Code § 5-101, you have three years from the date of the truck accident to file a personal injury lawsuit in Maryland.
- Wrongful Death Lawsuits: Per Md. Cts. & Jud. Proc. Code § 3-904, you also have three years from the date your loved one died from the injuries they suffered in the truck accident.
Factors That Can Influence the Statute of Limitations in a Truck Accident Lawsuit
Several factors can impact the statute of limitations in a truck accident lawsuit, potentially altering the timeframe for filing. Key considerations can include the following:
- Minor Victims: If the victim is a minor, Md. Cts. & Jud. Proc. Code § 5-201 tolls the statute of limitations until the minor turns 18. The three-year period then begins on the victim’s 18th birthday.
- Defendant’s Absence: If the at-fault party leaves the state or cannot be located, the statute of limitations may be tolled until they return or can be found.
- Mental Incapacitation: As with minors, if the victim is mentally incapacitated at the time of the accident, the statute of limitations may be extended until the victim regains mental capacity.
- Government Claims: If a government entity is involved, there may be shorter notice requirements and different timelines for filing a claim.
A personal injury lawyery can review your case and explain which statute of limitations applies and if any exceptions will alter your filing deadline. However, you should contact them as soon as possible as exceptions could shorten your deadline down to one year.
Contact Us Today And Take The First Step Towards Justice In Your Case! Call (410)777-8960
Consequences of Missing the Statute of Limitations in Your Truck Accident Case
Failing to file a lawsuit within the statute of limitations can have severe consequences for your truck accident claim. Key repercussions include such consequences as:
- Loss of the Right to Sue: Missing the deadline generally means losing the legal right to file a lawsuit. Courts typically dismiss cases filed after the statute of limitations has expired.
- Weakened Negotiation Position: Insurance companies and opposing parties are aware of the statute of limitations. If you miss the deadline, they have no incentive to negotiate or settle your claim.
- No Compensation: Without the ability to sue, you forfeit the chance to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages resulting from the truck accident.
- Legal Costs and Time: Attempting to file a lawsuit after the deadline can result in wasted time and resources, as courts are likely to dismiss the case regardless of its merits.
It is always recommended that you contact an accident attorney as soon as possible to protect your rights, but there is also an added benefit. If you contact an attorney soon enough, they are in a better position to preserve evidence in your case before it is lost.
Accident scenes can be swept and cleaned. Video can be deleted. Memories can fade. To protect the evidence in your case, reach out to a lawyer as soon as you can, and they can start building your personal injury claim while you are recovering.
Additional Considerations for the Statute of Limitations in Truck Accident Cases
In addition to the statute of limitations and its exceptions, these factors can also influence the timetable in your Maryland accident claim:
Insurance Company Deadlines
Insurance companies often have their own deadlines for filing claims, separate from the legal statute of limitations. These internal deadlines, known as notice requirements, can be much shorter, sometimes requiring you to report the accident within days or weeks. Failing to meet these deadlines can result in the denial of your claim, leaving you without coverage for damages and injuries. Promptly notifying your insurance company and complying with their timelines is crucial for preserving your right to negotiate settlements and receive compensation.
Claims Involving Multiple Parties
Truck accidents often involve multiple parties, such as:
- Truck driver
- Trucking company
- Cargo loaders
- Maintenance crews
- Part and truck manufacturers
- Other drivers
Each party can have different legal considerations, complicating the statute of limitations. For instance, claims against a trucking company might involve federal regulations and requirements compared to claims against an individual driver.
Additionally, each party’s insurance policies and deadlines can vary, adding layers of complexity to the case. Coordinating claims and ensuring all necessary actions are taken within the appropriate timelines requires careful management.
Click to contact our personal injury attorneys today
Learn More About the Statute of Limitations in Your Maryland Truck Accident Today
If you have been injured in a truck accident in Maryland, you typically have three years to file a lawsuit against the liable party, but exceptions and other deadlines may complicate your case. You deserve the time to heal from your injuries, so let Adam Smallow Injury Lawyers guide you through your truck accident claim. We can take you From Hurt to Help®.
Our legal team works on contingency, so you pay nothing unless we secure a settlement or court award for your medical bills, lost income, pain and suffering, and possibly more. We understand the critical timelines and intricate details involved in truck accident cases and can protect your rights. Don’t risk losing your chance for fair compensation by missing these deadlines. Call us today for a free consultation.
Call or text (410)777-8960 or complete a Free Case Evaluation form