Maryland statute of limitations by claim
In Maryland you generally have 3 years to sue for personal injury, 3 years for property damage, 3 years on a written contract and 3 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101Assault claims are 1 year (§ 5-105). |
| Medical malpractice | 3 years5 years from the injury or 3 years from discovery, whichever is earlier | Md. Code, Cts. & Jud. Proc. § 5-109Repose: 5 years from the time the injury was committed (§ 5-109(a)(1)) y/m/d show the 3-year discovery period; the 5-year outer limit always applies. If the patient was under 11, the clock starts at age 11 (age 16 for reproductive-system injuries or foreign objects). Filing with the Health Care Alternative Dispute Resolution Office counts as filing the action (§ 5-109(d)). |
| Wrongful death | 3 years | Md. Code, Cts. & Jud. Proc. § 3-904(g)Death caused by occupational disease: within 10 years of death or 3 years from discovery of the cause of death, whichever is shorter. Extra time applies where a homicide defendant concealed the claim (§ 3-904(g)(3)). |
| Property damage | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Written contract | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101Contracts and promissory notes under seal and other 'specialties': 12 years (§ 5-102), except mortgages/notes under seal on owner-occupied homes and consumer hospital debts, which fall back to 3 years. |
| Oral contract | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Credit card / account debt | 3 years | Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-1202A creditor or collector may not file a consumer debt collection action after the limitations period expires, and a payment, written or oral affirmation, or other activity after expiration does not revive or extend it (§ 5-1202). |
| Fraud | 3 years | Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-203 |
| Defamation | 1 year | Md. Code, Cts. & Jud. Proc. § 5-105Same 1-year period for libel and slander. |
| Product liability | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101No general product-liability statute of repose. Injuries from a defective improvement to real property have a 20-year repose (10 years for architects, engineers and contractors), with asbestos exceptions (§ 5-108). |
What is different in Maryland
Maryland’s single 3-year rule is easy to remember, but its exceptions are not. Claims against the State need a written claim to the State Treasurer within 1 year of the injury. A creditor or collector may not sue on a consumer debt once the period has run, and a later payment or promise does not revive it. Since October 1, 2023, civil claims for child sexual abuse can be filed at any time, with damages caps for claims that had been barred.
- Since October 1, 2023, civil claims for child sexual abuse can be filed at any time, even against the State and local governments. For previously barred claims, noneconomic damages are capped at $1.5 million per defendant for suits filed by May 31, 2025 and $700,000 for suits filed on or after June 1, 2025. (Md. Code, Cts. & Jud. Proc. § 5-117)[10]
- Contracts and promissory notes signed under seal ('specialties') get 12 years instead of 3, and each payment on a specialty restarts a 3-year suspension. (Md. Code, Cts. & Jud. Proc. § 5-102)[11]
- Defamation and assault claims have only 1 year. (Md. Code, Cts. & Jud. Proc. § 5-105)[12]
When the clock starts and stops
If the defendant's fraud kept the plaintiff from knowing of the claim, the claim accrues when the plaintiff discovered or should have discovered the fraud (§ 5-203). (Md. Code, Cts. & Jud. Proc. § 5-203)
Minors. Maryland pauses the clock while the injured person is a minor: the period starts at age 18. A minor must sue within the lesser of 3 years or the normal period after turning 18. Medical malpractice: the clock starts at age 11 (16 for reproductive-system injuries or foreign objects), not 18 (§ 5-109(b)-(c)).[6]
Other tolling. Mental incompetence tolls like minority (§ 5-201(a)); imprisonment, absence from Maryland and marriage do not extend the period (§ 5-201(c)).
Suing the government in Maryland
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written claim to the State Treasurer (or designee) within 1 year after the injury; the Treasurer must finally deny the claim before suitSuit within 3 years after the cause of action arises (§ 12-106(b)(3)) | Md. Code, State Gov't § 12-106(b) |
| Cities, counties and other local entities | Written notice of claim within 1 year after the injury, in person or by certified mail to the county/city officials named in the statuteSuit within the normal period, usually 3 years (§ 5-101). Notice is excused if the local government had actual or constructive notice within 1 year, or for good cause. | Md. Code, Cts. & Jud. Proc. § 5-304 |
Criminal statute of limitations in Maryland
We could not confirm Maryland’s criminal limitation periods from the statute text, so none are shown here as fact; check the state’s criminal procedure code.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | Not confirmed: check the statute | Md. Code, Cts. & Jud. Proc. § 5-106 |
| Misdemeanors | 1 year, with many offense-specific exceptions (e.g., 2-5 years for listed offenses; no limit for misdemeanors punishable by penitentiary confinement) | Md. Code, Cts. & Jud. Proc. § 5-106(a)-(b) |
Worked example
A rear-end crash on the Baltimore Beltway on July 11, 2025: under the personal injury deadline is July 11, 2028. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2033.
For a claim of $5,000 or less, Maryland’s small claims (District Court of Maryland (small claims)) is usually faster and cheaper; see our Maryland small claims court guide.[13] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Maryland?
What is the statute of limitations on debt in Maryland?
Does the statute of limitations pause for minors in Maryland?
What crimes have no statute of limitations in Maryland?
What is the statute of limitations on debt in Maryland?
Sources
- Md. Code, Cts. & Jud. Proc. § 5-101: personal injury limitation period
- Md. Code, Cts. & Jud. Proc. § 5-109: medical malpractice limitation period
- Md. Code, Cts. & Jud. Proc. § 3-904(g): wrongful death limitation period
- Md. Code, Cts. & Jud. Proc. § 5-101: written contract limitation period
- Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-1202: credit card / account debt limitation period
- Md. Code, Cts. & Jud. Proc. § 5-201: tolling for minors
- Md. Code, State Gov't § 12-106(b): claims against the state
- Md. Code, Cts. & Jud. Proc. § 5-304: claims against local government
- Md. Code, Cts. & Jud. Proc. § 5-106: criminal limitation periods
- Md. Code, Cts. & Jud. Proc. § 5-117
- Md. Code, Cts. & Jud. Proc. § 5-102
- Md. Code, Cts. & Jud. Proc. § 5-105
- Maryland small claims (official court self-help)