Hurt, wronged, or owed money
THINKING ABOUT SUING
What Maryland law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
The Maryland guide does not carry this period yet. That is a gap in this guide, not a sign there is no limit.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
The Maryland guide does not carry this period yet. That is a gap in this guide, not a sign there is no limit.
A written contract
A signed agreement, a lease, a written estimate or invoice.
The Maryland guide does not carry this period yet. That is a gap in this guide, not a sign there is no limit.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
The Maryland guide does not carry this period yet. That is a gap in this guide, not a sign there is no limit.
Most other civil actions
The catch all period for a claim no other period covers.
3 years
Filing a civil action
- From
- The claim accruing
A civil action at law has to be filed within three years from the day it accrues, unless another provision of the Code sets a different period.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Maryland guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
1 year
Notice of a claim against a local government
- From
- The injury
Written notice of the time, place and cause of the injury is given within 1 year after it, in person or by certified mail, before an action for unliquidated damages may be brought against a local government or its employees.
Step 2
1 year
A written claim to the Treasurer against the State
- From
- The injury to person or property
A claim against the State is submitted in writing to the Treasurer or a designee within 1 year after the injury, and finally denied, before an action may be instituted.
Step 3
3 years
Suing the State after the Treasurer's denial
- From
- The cause of action arising
An action against the State under the tort claims subtitle is filed within 3 years after the cause of action arises, once the Treasurer has finally denied the claim.
SMALL CLAIMS COURT
The limit in Maryland
Up to $5,000
Cts. & Jud. Proc. § 4-405 — the District Court, for claims up to $5,000
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Maryland attorney.