Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Maryland Statute of Limitations; MD. Personal Injury Lawsuits

Maryland Statute of Limitations
Every state has a different statute of limitations for the many types of fatal accidents. Anapol Schwartz recommends that you do not wait until the last minute to file a lawsuit.  To miss your opportunity would be sad.

Here are some important facts to know about Maryland’s statute of limitations and time limits for filing a lawsuit:

  • Negligence – 3 years
  • Medical Malpractice–5 years from date of injury or 3 years from discovery
  • Product Liability – 3 years after suffering injury
  • Wrongful Death – toxic substance=10yrs of (D.O.D) or 3years of discovery of cause of death; others=3yrs (D.O.D)
  • Survival – 3 years

Caps on Lawyers Awards: Maryland has no limitations on attorney awards
Maryland Caps on Damage Awards

Medical Malpractice§ 3-2A-09 Non-economic damages are limited to $650,000.00 through 2008; thereafter, the cap is raised by $15,000 every three years.

Product Liability–The Maryland Supreme Court has held that § 11-108, limits noneconomic awards in only cases dealing with personal injury or wrongful death.  § 11-108 holds: In any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, an award for noneconomic damages may not exceed $350,000….Except as provided in paragraph (3)(ii) of this subsection, in any action for damages for personal injury or wrongful death in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000.

Pharmaceutical cases – Same as product liability 

Maryland Minors – Statute of Limitations/minors tolling - Except in cases of medical malpractice or wrongful death, a minor must file suit within three years of his or her 18th birthday or within the time set in the particular statute, whichever comes first.
No limitations of attorney caps.

Department of Maryland State Police
1201 Reisterstown Road
Pikesville, Maryland 21208
410-653-4200
http://www.mdsp.org

Maryland Trial Lawyers Association
120 W Fayette St., Ste 711 
Baltimore, MD 21201
410-539-4336
http://www.mdtriallawyers.com/md/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: