Asked in Personal Injury for Maryland

Q: What's the statue of limitation for filing lawsuit?

The statue of limitation on discovery passed sometime after filing complaint, the insurance company don't want to settle. Can I still go and file lawsuit?

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2 Lawyer Answers
Paul D'Amore
Paul D'Amore
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: You question is a bit unclear. Limitations dates relate to deadlines to file the case in court. If you filed a "Claim" with an insurance company, that usually does not protect you from missing the deadline to file the case in court. As long as you are still within the deadline that applies to your type of case, you can still file it despite the fact that the insurance company has denied the claim.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: It's not possible to answer this question without some context. You mentioned several different concepts. One of which would seem to suggest the discovery rule, which can have the effect of extending the statute of limitations. You also mention that the claim had already been filed, so the statue of limitations would not seem to be a problem. Having said that -the general statute of limitations in Maryland, including for negligence actions, is three years. If you have a case and concerns about the statute limitations you should probably consult with an experienced attorney immediately.

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