Statute of Limitations for Minors

The statute of limitations in most Maryland personal injury cases is three years. There are a variety of exceptions to the statute of limitations that may shorten or lengthen the time you have to file a lawsuit. If you are unsure about the applicable statute of limitations in Maryland, you should contact a Maryland lawyer immediately without delay. Because the clock is literally ticking. There may also be notice requirements, particularly against local municipalities, the state of Maryland, the federal government, or any related governmental entity, that require specific notification of particulars of the accident and your claim. Take home message: be very careful.

The Statute of Limitations for Minors in Maryland

Maryland law provides where the injured party is “a minor or mental incompetent, that person shall file his action within the lesser of three years or the applicable period of limitations after the date the disability is removed.” This is not exactly plain English. We really don’t think of being a kid as having a disability. But you get the idea. Basically, kids have three years after reaching the age of majority to file a lawsuit. This is a simple idea that has led to a great deal of confusion over time.

How Maryland’s Age of Majority Impacts Personal Injury Claims

In Maryland, the age of majority is 18 years old, which marks the point when a minor is legally recognized as an adult. This legal milestone plays a significant role in determining how the statute of limitations applies to personal injury claims involving minors. Maryland law allows additional time for individuals who were injured as minors to file a lawsuit, ensuring they have a fair opportunity to seek justice even if the injury occurred years earlier.

Still Do Not Wait to File a Lawsuit

Maryland law grants minors extra time to file personal injury claims, but waiting until after turning 18 can create significant challenges. Over time, critical evidence like accident reports, witness statements, and photos may fade or disappear. Witnesses may move, change contact information, or struggle to remember details. Physical evidence, once clear-cut, can become compromised or lost. It can kill a good case.

There is also the risk of defendants’ financial situations changing, leaving them without sufficient assets or insurance coverage to pay damages. These pitfalls highlight why consulting an experienced Maryland personal injury attorney early is essential for protecting your claim and maximizing its strength.

While the extended statute of limitations offers flexibility, waiting can put your case on shaky ground. Filing a claim promptly is like striking while the iron is hot—it ensures evidence remains fresh, witnesses are reachable, and a clear record of the injury is documented through timely medical evaluations. These steps can prevent disputes about liability or the severity of damages later on.

Personal injury claims involving minors come with unique legal twists and potential traps. By seeking legal guidance early, families can navigate the complexities, preserve their rights, and position themselves for the best possible outcome. Waiting may provide more time, but early action provides the advantage.

What Exactly Is the Day A Person Becomes an Adult?

This should be a rather academic question. But it is not because lawyers often foolishly wait until the very last minute to file a lawsuit. In Mason v. Board of Education of Baltimore County, the Maryland high court addressed the issue of whether a minor reaches the age of majority on the day before turning 18 or, as we commonly consider it, the minor’s 18th birthday. Tragically, in our opinion, because it is awful for a personal injury case to hinge on such a petty technicality, the court in a 7-2 decision decided that it is the former.

Accordingly, the plaintiff in Mason became an adult the day before her eighteenth birthday and, as a result, her claim on her 21st birthday was barred.

What About Medical Bills?

Maryland law has specific rules for claims involving medical expenses incurred before a minor turns 18, and these rules differ from those governing the minor’s personal injury claim. Generally, parents are responsible for seeking reimbursement for these medical costs and must adhere to the standard three-year statute of limitations that applies to adults.

But this area of law can be more nuanced than it appears, with potential exceptions or unique circumstances that may influence the deadlines or procedures. The parents’ right to recover medical expenses before the child turns 18 is not absolute. Under some complicated circumstances (explained in Johns Hopkins Hospital v. Pepper and Piselli v. 75th St. Med), a minor child can recover such expenses in the child’s lawsuit, particularly in brain injury and other catastrophic injury cases.

Missing the applicable deadline could result in forfeiting the right to recover these expenses, but certain legal arguments might still apply depending on the case. Given these complexities, it is essential to consult with an experienced Maryland personal injury lawyer to assess your situation and ensure you understand how the law applies to your claim.  Get them to explain their legal conclusions —a lot of lawyers do not understand this law.

Child Sex Abuse Cases

Civil lawsuits involving child sex abuse or assault (e.g., lawsuits against a church for child sexual abuse by a priest) are covered by a new law that was recently enacted in Maryland. The new law is called the Maryland Child Victims Act (Md. Code Ann., Cts. & Jud. Proc. Sec. 5-117) (“CVA”) and it took effect in October 2023.

The CVA completely eliminated any statute of limitations imposing a time deadline on civil lawsuits for sexual abuse of a child. This means that victims of child sexual abuse can file a civil lawsuit no matter how many years have passed since the abuse occurred. Not only did the CVA eliminate any deadlines on child sexual abuse claims, it also revived old claims for child sexual abuse that had expired under the pre-existing statute of limitations. This essentially means that anyone who was ever sexually abused or assault as a child can file a civil lawsuit even if the abuse occurred decades in the past.

The CVA has led to a waive of civil lawsuit for child sexual abuse. The validity of the CVA is currently under review by the Maryland Supreme Court. In an appeal brought by a private school that was sued under the CVA, the Maryland Supreme Court is being asked to decide whether the section of the CVA that revived old claims violated the state constitution. A decision in this appeal is still pending.

Wrongful Death Cases

Most legal malpractice cases arise from lawyers who know just enough to get themselves into trouble. General rules in Maryland law tend to have exceptions that could take out a forest.

One example is the statute of limitations to be applied to minors in wrongful death cases. The Maryland courts, regrettably, view the time period prescribed in Md. Code Ann., Cts.&Jud. Proc. § 3-904(g) to be a condition precedent to maintaining the action, rather than a statute of limitation. So if a child waits more then three years to bring a wrongful death claim, the “statute of limitations” (sort of) will pass.

The lesson here is that you need a good Maryland lawyer – and not a website, by the way – to figure out what the deadline for filing a claim should be. The operative word with the statute of limitations and all its exceptions is “usually” or in most cases. There is a book of exceptions that shorten and lengthen the statute of limitations.

• Wrongful death deadline to file suit
• Limitations period to bring a workers’ comp claim
• Read about the statute of limitations in Maryland
• National deadlines to file suit
• More deadlines to file: Maryland State and Local Government Tort Claims Acts
• Do I need my own lawyer or do you think I can do it myself?
• Being Perry Mason: handling your own claim
• Maryland Injury Victim Help Center (information for victims)