Maryland Statute of Limitations: Filing Deadlines by Case Type

Maryland sets a three-year deadline for most civil lawsuits, including personal injury, property damage, and contract claims, under Md. Code, Cts. and Jud. Proc. 5-101. Contracts under seal and judgments carry a 12-year limit under Section 5-102, while assault and defamation claims must be filed within one year under Section 5-105.

Hurt in Maryland? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Maryland personal injury settlement calculator. It gives an instant range based on your medical costs and Maryland's fault rule (general information, not legal advice).

What Is a Statute of Limitations?

A statute of limitations is a law that sets a maximum amount of time after an event within which a person may start legal proceedings. In Maryland, these deadlines apply to both civil lawsuits and criminal prosecutions. If you miss the filing deadline, a court will almost certainly dismiss your case.

Maryland's statute of limitations rules are found primarily in Title 5, Subtitle 1 of the Courts and Judicial Proceedings Article of the Maryland Code. Different types of cases have different time limits, and certain exceptions can extend or shorten those deadlines.

Understanding these deadlines is critical for anyone considering legal action in Maryland. The clock typically starts on the date the incident occurs, but Maryland also recognizes a "discovery rule" that can delay the start date in certain situations.

Maryland Civil Statute of Limitations

Maryland law sets specific deadlines for filing civil lawsuits. If you do not file your case before the deadline passes, the opposing party can move to dismiss your case. Once dismissed on statute of limitations grounds, you lose the right to pursue that claim permanently.

The general rule under Md. Code, Cts. & Jud. Proc. 5-101 is that a civil action at law must be filed within three years from the date it accrues.

Civil Filing Deadlines by Case Type

General Three-Year Rule

Most civil actions in Maryland fall under the three-year general statute of limitations. This includes personal injury, property damage, fraud, trespass, and breach of oral or written contracts that are not under seal. The clock begins running on the date the cause of action accrues, which is typically the date of the injury or breach.

Twelve-Year Rule for Specialties

Under Md. Code, Cts. & Jud. Proc. 5-102, certain "specialties" carry a 12-year statute of limitations. These include promissory notes under seal, bonds (other than public officer's bonds), judgments, recognizances, and contracts under seal. A payment of principal or interest on one of these instruments resets the three-year suspension period.

This 12-year period does not apply to deeds of trust, mortgages, or promissory notes that are signed under seal and secured by owner-occupied residential property.

Medical Malpractice

Maryland's medical malpractice statute of limitations is found in Md. Code, Cts. & Jud. Proc. 5-109. A claim for damages from the rendering of or failure to render professional services by a health care provider must be filed within the earlier of five years from the date the injury was committed, or three years from the date the injury was discovered.

For minors, special rules apply. If the claimant was under age 11 at the time of injury, the limitation period does not begin until the claimant reaches age 11. This exception does not apply if the injury involved the reproductive system or was caused by a foreign object negligently left in the patient's body; instead, for those two injury types, the clock does not begin until the claimant turns 16, under Cts. & Jud. Proc. 5-109(c)(2).

Wrongful Death

A wrongful death claim in Maryland must be filed within three years of the date of death, not three years from the date of the negligent act. This distinction matters in cases where the death occurs some time after the original injury.

One-Year Actions: Assault, Libel, and Slander

Under Md. Code, Cts. & Jud. Proc. 5-105, lawsuits for assault, libel, or slander must be filed within one year. This is the shortest civil limitation period in Maryland.

Tolling and Exceptions

Maryland law provides several situations where the statute of limitations may be paused ("tolled") or where special rules apply.

Discovery Rule

Maryland recognizes the discovery rule in product liability, fraud, and malpractice cases. Under this rule, the statute of limitations does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury. This protects victims who could not have known about their harm at the time it occurred.

For medical malpractice, the discovery rule still operates within the five-year outer limit. Even if the injury was not discovered until later, the absolute deadline is five years from the date the injury occurred.

Minors

If the injured person is under the age of 18 at the time of the incident, Maryland law tolls the statute of limitations until the minor turns 18. In most personal injury cases, this gives the minor until their 21st birthday to file a lawsuit.

Mental Incapacity

The statute of limitations is also tolled during periods of mental incapacity. A person who is mentally incapacitated must file within the lesser of three years or the applicable limitation period after the disability is removed.

Defendant Absent from the State

If the defendant leaves Maryland after the cause of action accrues, the time of absence may not count toward the statute of limitations. This prevents defendants from evading lawsuits by leaving the state.

Maryland Criminal Statute of Limitations

Maryland's criminal statute of limitations governs how long prosecutors have to bring charges after an alleged crime. These rules are found primarily in Md. Code, Cts. & Jud. Proc. 5-106 and 5-107.

Crimes With No Statute of Limitations

Maryland does not impose any time limit on prosecuting the following offenses:

• Murder (first degree and second degree)
• Manslaughter
• Unlawful homicide
• Misdemeanors punishable by imprisonment in the penitentiary

For these crimes, prosecutors may bring charges at any time, regardless of how many years have passed since the offense.

Criminal Filing Deadlines by Offense

Key Criminal Statute Details

Misdemeanors punishable by penitentiary time. Under Section 5-106(a), if a Maryland statute makes a misdemeanor punishable by imprisonment in the penitentiary, prosecutors can bring charges at any time. This effectively removes the statute of limitations for serious misdemeanors.

One-year default for misdemeanors. For most misdemeanor offenses not specifically listed above, prosecutors must file charges within one year of the offense.

30-day window. A small number of offenses carry an extremely short 30-day prosecution window, including Sabbath breaking, public drunkenness, and certain alcohol sales violations in specific counties.

Recent Changes to Maryland Statutes of Limitations

Child Victims Act of 2023

The most significant recent change to Maryland's statute of limitations is the Child Victims Act, which took effect on October 1, 2023. This law eliminated the civil statute of limitations for all child sexual abuse claims, allowing survivors to file suit at any age, regardless of when the abuse occurred.

In February 2025, the Maryland Supreme Court upheld the Child Victims Act in a 4-3 decision, confirming that the retroactive removal of the statute of limitations is constitutional. This ruling opened the door for thousands of previously time-barred claims.

Following the ruling, the Maryland legislature passed House Bill 1378 in 2025, which lowered the noneconomic damages caps for CVA claims that were already time-barred before October 1, 2023. For claims against the State or a local government, the cap dropped from $890,000 to $400,000 per claimant. For claims against a private defendant, such as a religious institution, school, or other organization, a separate cap under Cts. & Jud. Proc. 5-117(c) dropped from $1,500,000 to $700,000. Both new caps apply to actions filed on or after June 1, 2025; actions filed on or before May 31, 2025 remain subject to the prior, higher caps.

Sexual Extortion and Stalking (2024)

In 2024, the Maryland General Assembly passed House Bill 544, which established a five-year statute of limitations for sexual extortion and a 10-year statute of limitations for stalking. These longer time periods reflect the serious and often ongoing nature of these offenses.

How to Calculate Your Filing Deadline

Follow these steps to determine how much time you have to file a claim in Maryland:

1. Identify your case type. Determine whether your case involves a personal injury, contract dispute, property damage, or another category listed above.

2. Find the accrual date. This is typically the date the injury occurred or the contract was breached. In some cases, the discovery rule may push this date forward.

3. Check for tolling. If you were a minor at the time of the incident, if you were mentally incapacitated, or if the defendant left the state, the clock may have been paused.

4. Apply the correct time limit. Use the tables above to find the applicable deadline for your case type.

5. File before the deadline. Missing the deadline by even one day can result in permanent loss of your legal claim.

When in doubt, consult a Maryland attorney. Statute of limitations questions often involve complex fact patterns, and getting it wrong can mean losing your right to legal relief forever.

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• Maryland Slip and Fall Laws
• Maryland Workers Compensation Laws