The Civil Statute of Limitations in Our Region
As the new year begins we’re all operating at a higher degree of awareness of the passage of time. It’s common human frustration to feel as if you’ve wasted time or used it unwisely. We feel this more keenly when we’re rushing to complete a task we’ve delayed or neglected. The feeling of leaving things for the last minute is never fun. Forming healthy habits around time management can be a lifelong endeavor, but the power to complete things ahead of deadline is within all of our grasp. In the spirit of a new year and the passage of time, this week’s Malloy Law Offices blog post will examine the civil statute of limitations in our area. Knowing these laws is the civic responsibility of every citizen of the DMV.
Interfacing with the Statute of Limitations as an Injured Person
First, some bare facts. The civil statute of limitations is in essence a deadline for pursuing legal action. It says that any given person has X amount of time to file a lawsuit. The statute of limitations concerning civil cases is handled on a state-by-state basis in the United States. Each state’s courts have jurisdiction in that state, the ability to enforce and interpret the law. Therefore the relevant statute of limitations is the one in the state where your injury took place, even if your residence is out of state.
Each state is going to approach the statute of limitations in a different way. This will mean different time-spans for different categories of case, different exceptions, and so on.
The Statute of Limitations in Our Region
Given that residents of the Washington DC metropolitan area cross state lines often, it’s wise to at least have some familiarity with the various statues of limitations which may unfortunately become relevant in the event of a serious injury.
Maryland
The Basics:
The statute of limitations for a personal injury claim in Maryland is three years. The timer is generally assumed to start when the injured person becomes aware of their injury. In the case of a car accident, the date of the accident serves as the start date. The plaintiff will have three years from the date of the car accident to file a lawsuit. In the event of medical malpractice, the statute of limitations will be whichever is less; five years from the date of the injury or three years from the date of discovery of the injury.
Exceptions:
- If the injured party was a minor at the time of the injury, the time limit does not apply until they reach legal adulthood.
- If the injured party is declared mentally incompetent, the time limit does not begin until they are legally recognized as competent.
The time limit pauses in the case of:
- Incarcerated plaintiff
- Missing defendant
- Failure to discover injury for more than three years
Virginia
The Basics:
Virginia’s civil statute of limitations is shorter. The window is two years instead of three.
Exceptions:
- If the injured party was a minor at the time of the injury, the time limit does not apply until they reach legal adulthood.
- If the injured party is declared mentally incompetent, the time limit does not begin until they are legally recognized as competent.
- In the case of libel or slander, the statute of limitations is one year. However, if the offending party is operating anonymously (e.g. by means of an internet pseudonym) then the time limit does not begin until the discovery of their identity.
Washington DC
The Basics:
DC’s civil statute of limitations is three years either from the date of the injury or the date of its discovery, similar to Maryland. However, there are a higher number of special cases where the statute of limitations can be much broader than this.
Exceptions:
- Recovery of Lands, Tenements, or Hereditaments: 15 years
- Libel, Slander, or Defamation: 1 year
- Sexual Abuse: 5 years from when the abuse happened if 35 years of age or older. If the plaintiff is younger than 35, they can pursue damages until their 40th
How Malloy Law Can Help
While the statute of limitations gives a period of years to pursue legal action for your personal injury, most successful cases are pursued in as short a time frame as possible. If you or a loved one has been inured due to someone else’s negligence, Malloy Law can help. Our experienced and diverse team of attorneys is standing by to evaluate your case free of charge. Don’t wait, contact Malloy Law today.
