Waldorf, MD, Personal Injury Lawyers Explain the Statute of Limitations for Seeking Compensation
If you have been injured in an accident in Waldorf, Maryland, as the victim, you have the right to make an insurance claim and file a personal injury lawsuit in the Maryland State courts. The purpose of Maryland personal injury insurance claims and Maryland personal injury lawsuits is NOT to seek revenge or to punish the person that caused the injuries. Rather, the purpose is to seek compensation for the injuries. An injured victim is entitled to seek recovery for ALL injuries, including types of injuries that are not easily calculated, like for pain and suffering and emotional distress/injury. Other types of damages that can be recovered include medical and hospital bills, lost earnings, physical therapy treatments, and more. Victims are also entitled to seek compensation for property damage, such as damage to a vehicle if there is an auto accident in Waldorf.
But, victims of personal injury accidents must act quickly to make their insurance claims and file their personal injury litigation. Under Maryland law, the deadline for filing is three years after the accident. In Maryland, this deadline is called a “Statute of Limitations.” Thus, the Maryland Statute of Limitations for filing a personal injury lawsuit is three years from the date of the injury. After the Maryland Statute of Limitations has run, any Maryland personal injury lawsuit will be quickly dismissed by the Maryland courts. Note that the Maryland Statute of Limitations is strictly enforced. Filing even a day late will cause your claim to be dismissed. To ensure you file within the Maryland Statute of Limitations, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are experienced and top-tier Maryland personal injury attorneys.
With respect to making insurance claims after the running of the Maryland Statute of Limitations, the same thing will happen. Technically, the Maryland Statute of Limitations does not apply to making an insurance claim. But, the insurance companies are very much aware of the Maryland Statute of Limitations. So, if an insurance claim is made after the Maryland Statute of Limitations has run, the insurance company will deny the claim. Maryland insurance carriers have no obligation to settle a claim which is time-barred under Maryland personal injury laws.
The Maryland Statute of Limitations begins to run on the day of the accident, or more legally accurate, when the victim has reason to know that they have suffered an injury. This is relatively to know with a Maryland car accident. The accident occurred on a certain day; that day is known; as such, that is the day that the victim had reason to know that they suffered an injury. But, other times, the date on which a victim has reason to know that they have suffered an injury might occur later than the actual date that the injury was suffered. For example, with an injury caused by medical malpractice, the victim may not experience symptoms from the malpractice until weeks or months later. In those cases, when the Maryland Statute of Limitations begins to run will be a legal issue to be decided by the judge and jury in the case. In Maryland, this is called the “discovery rule.” The Maryland Statute of Limitations begins to run when the victim discovers facts sufficient for the victim to know that they have been injured.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
