Maryland Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Maryland's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Maryland law.

Written by Daniel L. Simmons, J.D. · Last updated January 15, 2026

Fact-checked by the CourtDateCalculator.online legal editorial team. Reviewed for accuracy against Maryland Code.

Table of Contents

  1. Overview of Maryland Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Frequently Asked Questions

Overview of Maryland Statute of Limitations

Maryland's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Maryland Courts and Judicial Proceedings Code and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

Maryland is notable for having a general statute of limitations of 3 years that applies to most civil claims, including personal injury, contract disputes, and property damage. The time limits range from as short as 1 year for defamation and government claims to 12 years for contracts under seal.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Maryland attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Maryland. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Maryland Code
Personal Injury 3 years Cts. & Jud. Proc. § 5-101
Wrongful Death 3 years Cts. & Jud. Proc. § 3-904
Breach of Written Contract 3 years Cts. & Jud. Proc. § 5-101
Breach of Oral Contract 3 years Cts. & Jud. Proc. § 5-101
Contract Under Seal 12 years Cts. & Jud. Proc. § 5-102
Property Damage 3 years Cts. & Jud. Proc. § 5-101
Medical Malpractice 3 years from discovery / 5 years from injury Cts. & Jud. Proc. § 5-109
Legal Malpractice 3 years Cts. & Jud. Proc. § 5-101
Fraud 3 years Cts. & Jud. Proc. § 5-101
Defamation (Libel/Slander) 1 year Cts. & Jud. Proc. § 5-205
Product Liability 3 years Cts. & Jud. Proc. § 5-101
Debt Collection 3 years Cts. & Jud. Proc. § 5-101
Claims Against Local Government 1 year Cts. & Jud. Proc. § 5-301
Childhood Sexual Abuse No limit (post-10/1/2017) / Age 38 (earlier claims) Cts. & Jud. Proc. § 5-702

Important: This table provides general time limits for common civil claims in Maryland. Special rules may apply for claims involving minors, government entities, medical malpractice, and other specific situations. Always consult with a qualified Maryland attorney for advice on your particular case.

Personal Injury Claims in Maryland

Under Cts. & Jud. Proc. § 5-101, Maryland's statute of limitations for personal injury claims is 3 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Maryland courts apply the "discovery rule" in certain cases where the injury is not immediately apparent. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovered, or through reasonable diligence should have discovered, the nature and cause of the injury. This is commonly applied in cases involving:

  • Toxic exposure and environmental contamination
  • Occupational diseases (e.g., asbestos-related illnesses)
  • Latent injuries that manifest over time
  • Medical conditions caused by defective products

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. The 3-year clock then starts on their 18th birthday, giving them until age 21 to file a lawsuit. However, there is an important exception for medical malpractice claims involving minors.

Government claims exception: If your personal injury claim is against a local government entity (city, county, or municipal agency), you must provide notice within 6 months and file suit within 1 year under the Maryland Local Government Tort Claims Act. The regular 3-year deadline does not apply to government defendants.

Contract Disputes in Maryland

Maryland law applies a general 3-year statute of limitations to most contract claims, with a notable exception for contracts under seal.

General Contracts (Written and Oral)

Under Cts. & Jud. Proc. § 5-101, the statute of limitations for breach of both written and oral contracts is 3 years from the date of the breach. Unlike many states that distinguish between written and oral contracts with different deadlines, Maryland applies the same general 3-year limit to all contract claims not under seal. This applies to employment agreements, lease agreements, business contracts, service agreements, and other contracts.

Contracts Under Seal

Under Cts. & Jud. Proc. § 5-102, the statute of limitations for contracts under seal is 12 years. A contract under seal is one that contains a formal seal or recites that it is executed under seal. While the use of seals has become less common in modern practice, some older agreements and certain formal instruments may still qualify.

UCC Sales of Goods

For contracts involving the sale of goods, Maryland's version of the Uniform Commercial Code (Md. Com. Law § 2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: The statute of limitations for contract claims generally begins on the date of the breach, not the date the breach was discovered. However, Maryland courts have recognized limited exceptions for fraud in the inducement and other special circumstances.

Medical Malpractice in Maryland

Maryland's medical malpractice statute of limitations is governed by Cts. & Jud. Proc. § 5-109. The rules are more complex than most other claim types:

  • 3 years from the date the plaintiff discovered, or through reasonable diligence should have discovered, the injury
  • 5 years from the date of the injury, whichever occurs first

This means that even if you did not discover the injury right away, you generally cannot file more than 5 years after the date of the negligent act. This 5-year cap is a statute of repose that serves as an absolute outer limit. There are limited exceptions:

  • Fraud: If the healthcare provider fraudulently concealed the error, the deadline may be extended
  • Foreign object: If a foreign object (such as a surgical instrument or sponge) was left in the patient's body, the claim may be filed within 3 years of discovery
  • Minors under 15: For injuries to children under 15, the claim must be filed by the child's 18th birthday (3 years from the injury or by age 18, whichever is later)

Maryland Health Care Alternative Dispute Resolution

Before filing a medical malpractice lawsuit in Maryland, plaintiffs must typically submit their claim to the Maryland Health Care Alternative Dispute Resolution Office. This is a mandatory pre-filing requirement that involves review by a medical malpractice review panel. Filing with the ADR office tolls (pauses) the statute of limitations while the panel proceedings are pending.

Warning: Medical malpractice cases in Maryland have strict procedural requirements, including mandatory arbitration review. The interplay between the 3-year and 5-year deadlines and the ADR process is complex. Consult with a Maryland medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Maryland

Under Cts. & Jud. Proc. § 5-101, the statute of limitations for property damage claims in Maryland is 3 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or environmental contamination), the discovery rule may apply to delay the start of the limitations period.

Debt Collection in Maryland

The statute of limitations for debt collection in Maryland is generally 3 years for most types of debt. Maryland also provides additional consumer protections beyond the statute of limitations.

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 3 years Cts. & Jud. Proc. § 5-101
Oral contract 3 years Cts. & Jud. Proc. § 5-101
Open-ended account (credit cards) 3 years Cts. & Jud. Proc. § 5-101
Auto loan deficiency 3 years Cts. & Jud. Proc. § 5-101
Court judgments 12 years Cts. & Jud. Proc. § 5-102
State tax liability No limit Tax-Gen. § 13-1104

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Maryland.

Maryland Consumer Debt Collection Act

In addition to the statute of limitations, Maryland has enacted the Maryland Consumer Debt Collection Act (Md. Com. Law § 14-201 et seq.), which prohibits debt collectors from engaging in abusive, deceptive, or unfair practices. This state law provides protections beyond the federal Fair Debt Collection Practices Act (FDCPA), including restrictions on calling at unreasonable hours and requirements for proper identification.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.

Wrongful Death Claims in Maryland

Under Cts. & Jud. Proc. § 3-904, the statute of limitations for wrongful death claims in Maryland is 3 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act or negligence of another.

Wrongful death claims in Maryland may be filed by the decedent's primary beneficiaries (spouse, parent, or child) or, if no primary beneficiaries exist, by secondary beneficiaries who are related to the decedent by blood or adoption and are substantially dependent on the decedent.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence

Survival Actions vs. Wrongful Death

Maryland recognizes two distinct types of claims when someone dies due to another's negligence:

  • Survival action: Continues the decedent's own claim (e.g., pain and suffering before death). Subject to the same 3-year statute of limitations that would have applied if the decedent had survived.
  • Wrongful death action: A separate claim by the beneficiaries for their own losses (e.g., loss of companionship, financial support). The 3-year clock starts from the date of death.

If the wrongful death claim is against a government entity, the 1-year deadline under the Local Government Tort Claims Act applies instead.

Claims Against Government Entities in Maryland

Maryland imposes a significantly shorter deadline for claims against government entities under the Maryland Local Government Tort Claims Act (LGTCA). The process has specific requirements:

Notice Requirement

Under Cts. & Jud. Proc. § 5-304, you must provide written notice to the relevant local government entity within 6 months (for claims arising on or after October 1, 2015) of the date of injury. The notice must include:

  • The name and address of the claimant
  • The date, time, and location of the incident
  • A description of the injury or damage
  • A brief statement of the facts surrounding the claim

Filing Deadline

Under Cts. & Jud. Proc. § 5-301, you must file a lawsuit against a local government entity within 1 year (for claims arising on or after October 1, 2015) of the date the injury occurred. This applies to claims against:

  • Cities and towns
  • Counties
  • Public school districts
  • Public hospitals and transit authorities
  • Other local government agencies and entities

Claims Against the State of Maryland

For claims against the State of Maryland itself, you must file a claim with the Board of Public Works or file a lawsuit in the Maryland Court of Claims. The deadlines and procedures differ from those for local government entities.

Critical: Missing the notice or filing deadline almost always permanently bars your claim against a government entity. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity, act immediately and consult with a Maryland attorney.

Criminal Statute of Limitations in Maryland

Maryland's criminal statute of limitations is governed by Cts. & Jud. Proc. §§ 5-105 to 5-107. The deadlines vary based on the severity of the offense:

Crimes with No Statute of Limitations

Maryland law permits prosecution at any time for the following offenses under Crim. Proc. § 5-105:

  • Murder
  • Manslaughter
  • Unlawful homicide
  • Rape
  • Any misdemeanor punishable by imprisonment in the penitentiary
  • Felonies with DNA evidence established
  • Misconduct in office (public official)

Statute of Limitations by Offense Level

Offense Type Statute of Limitations Legal Basis
Solicitation to commit 1st/2nd degree criminal offenses 3 years Crim. Proc. § 5-106
Vehicular homicide 3 years Crim. Proc. § 5-106
Computer crimes 3 years Crim. Proc. § 5-106
Election law misdemeanors 3 years Crim. Proc. § 5-106
Maryland Public Ethics Law violations 2 years Crim. Proc. § 5-106
Driver's license violations 2 years Crim. Proc. § 5-106
Abuse or neglect of a vulnerable adult 2 years Crim. Proc. § 5-106
Theft 2 years Crim. Proc. § 5-106
Misdemeanors (general, not punishable by penitentiary) 1 year Crim. Proc. § 5-106

When Does Criminal Prosecution Officially Begin?

Under Maryland law, a criminal prosecution is considered officially commenced when the state files one of the following:

  • Indictment — A formal charge issued by a grand jury
  • Information — A formal charge filed by the prosecutor
  • Citation — A charging document issued by law enforcement

Challenging Expired Criminal Charges

If you believe the statute of limitations has expired on criminal charges filed against you, your defense attorney can file a motion to dismiss. The court will examine the date the alleged offense occurred, the date the charging document was filed, and whether any tolling provisions applied.

Note: Maryland is notable for having no general statute of limitations for most felony offenses. Prosecutors may file charges for most felonies at any time after the offense occurred. The 1-year limit primarily applies to misdemeanors and lesser offenses not punishable by imprisonment in the penitentiary.

Tolling and Exceptions in Maryland

Under certain circumstances, Maryland law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at Cts. & Jud. Proc. § 5-201. The clock starts on the plaintiff's 18th birthday. However, special rules apply to medical malpractice claims involving minors under 15.

Mental Incapacity

If the plaintiff is mentally incompetent at the time the cause of action accrues, the statute of limitations may be tolled under Cts. & Jud. Proc. § 5-201 until the disability is removed.

Defendant's Absence from the State

Under Cts. & Jud. Proc. § 5-202, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted.

Discovery Rule

Maryland courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases (e.g., asbestos exposure)

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. Maryland requires the plaintiff to prove that the defendant took affirmative steps to conceal the wrongdoing.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting a Maryland attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Maryland Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Maryland?
In Maryland, the statute of limitations for personal injury claims is 3 years from the date of the injury under Maryland Courts and Judicial Proceedings Code Section 5-101. This applies to car accidents, slip and fall cases, assault, and other injury claims. If the injury was not immediately discovered, Maryland courts may apply the discovery rule to delay the start of the clock. However, if your claim is against a local government entity, you must provide notice within 6 months and file suit within 1 year.
What is the statute of limitations for medical malpractice in Maryland?
Under Maryland Courts and Judicial Proceedings Code Section 5-109, the statute of limitations for medical malpractice is 3 years from the date the injury was discovered or reasonably should have been discovered, or 5 years from the date of the injury, whichever occurs first. Exceptions exist for minors under 15, cases involving foreign objects left in the body, and fraudulent concealment. You must also submit your claim to the Maryland Health Care Alternative Dispute Resolution Office before filing a lawsuit.
What is the statute of limitations for breach of contract in Maryland?
In Maryland, the statute of limitations for breach of both written and oral contracts is 3 years under Courts and Judicial Proceedings Code Section 5-101. For contracts under seal, the limit is 12 years under Section 5-102. The clock generally starts on the date the breach occurred, not when the breach was discovered. Maryland is notable for applying the same 3-year limit to both written and oral contracts.
What is the statute of limitations for debt collection in Maryland?
In Maryland, the statute of limitations for debt collection is 3 years for most types of debt, including written contracts, oral contracts, and open-ended accounts such as credit cards, under Courts and Judicial Proceedings Code Section 5-101. The clock typically starts from the date of the last payment or the date of default. Making a payment or acknowledging the debt in writing may restart the clock. Maryland also provides additional consumer protections under the Maryland Consumer Debt Collection Act.
How long do I have to file a claim against a government entity in Maryland?
Under the Maryland Local Government Tort Claims Act, you must provide written notice to the relevant government entity within 6 months of the injury (for claims arising on or after October 1, 2015) and file a lawsuit within 1 year of the injury. For claims against the State of Maryland, you must file with the Board of Public Works or in the Maryland Court of Claims. Missing these deadlines generally bars your claim permanently.
Can the statute of limitations be extended in Maryland?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor, lacks mental capacity, if the defendant has left the state, or if the discovery rule applies. Maryland also recognizes fraudulent concealment as a basis for tolling. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in Maryland?
Under Maryland Courts and Judicial Proceedings Code Section 5-702, as amended by HB 489 (2017), there is no statute of limitations for civil claims of childhood sexual abuse that occurred on or after October 1, 2017. For claims arising before that date, victims have until age 38 to file a lawsuit. The law also eliminated the requirement to prove that the defendant knew or should have known the abuse was occurring, making it easier for institutions to be held liable.
Does Maryland have a statute of repose?
Yes, Maryland has a statute of repose for medical malpractice claims. Under Courts and Judicial Proceedings Code Section 5-109, no action may be filed more than 5 years from the date of the alleged medical negligence, regardless of when the injury was discovered. This 5-year cap is an absolute outer limit with limited exceptions for foreign objects and cases involving minors under 15. Maryland also has a 10-year statute of repose for product liability claims under certain circumstances.
What is the criminal statute of limitations in Maryland?
Maryland has no statute of limitations for most felony offenses, including murder, manslaughter, rape, and any misdemeanor punishable by imprisonment in the penitentiary. Misdemeanors not punishable by penitentiary imprisonment have a 1-year limit. Certain offenses like solicitation, vehicular homicide, and computer crimes have a 3-year limit. Public ethics violations and theft have a 2-year limit.
What happens if I miss the statute of limitations deadline in Maryland?
If you miss the deadline, the defendant can file a motion to dismiss, and the court will almost certainly dismiss your case permanently. Maryland courts strictly enforce these deadlines. Very few exceptions exist, so it is critical to file before the statute of limitations expires.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, cases involving minors, and other specific situations. Always consult with a qualified Maryland attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.