Statute of Limitations

The Statute of Limitations is a standard period of in which a lawsuit can be filed. In the state of Maryland there is a period of three years from the incident in which you can file a lawsuit. If you have questions about your suit or its timing of filing, contact an attorney for advice. Read the Law: MD Code Courts & Jud. Proc. 5-101
Once you have found out how the “statute of limitations” applies to your case, you need to decide when your right to make the claim for damages in court will expire. In most cases, the statute of limitations time period starts running on the date you were “harmed”. It is like the “sell by” expiration date on a quart of milk. You cannot “sell” your claim to the court after the time period has expired.

For example - You are harmed on August 1, 2006. You consult an attorney and find out that the statute of limitations for your case is 3 years. You will have until August 1, 2009 to file a claim in court. If you file on August 21st and the other side claims that the statute of limitations has “run”, the case is likely to be dismissed. The time frame for you to file your claim has expired.

The date you were “harmed” refers to:

• the date your property was harmed;
• the date that the contract or agreement was broken; or
• the date you were injured.

However, there is an exception to this rule if you did not know that you were harmed. In this case, you are usually allowed extra time to file in court. This extra time is calculated by deciding on which date the statute of limitations period should start. You may have three possibilities. If you think that this might apply to your case, consult with an attorney to decide on the right date.