Darlington, MD asked in Personal Injury and Civil Litigation for Maryland

Q: Is the statute of limitations to file a lawsuit the same across all states?

4 Lawyer Answers

John Mesirow

PREMIUM
Answered
  • Washington, DC
  • Licensed in Maryland

A: NO!!! It varies from state to state, and the nature of the claim! Call a lawyer for more information.

Pawnee A. Davis agrees with this answer

Mark Oakley

Answered
  • Rockville, MD
  • Licensed in Maryland

A: No. Every state has its own statutory scheme, and even within each state different types of claims have different limitations periods. In Maryland, for example, there is a general 3 year statute of limitations for filing most civil actions; however, there are quite a few exceptions, such as libel, slander and assault, which must be filed within 1 year of accrual. There are many others, especially causes of action created under a statute, such as suing a unit or branch of government, wrongful death, etc., where the statute that creates the right to sue sets forth the limitations period specific to that action. The place where the cause of action accrues generally controls what state's limitations period governs the action.

Pawnee A. Davis agrees with this answer

Eric Todd Kirk

Answered
  • Baltimore, MD
  • Licensed in Maryland

A: No. Each state has a separate rule, although the time frames under those rules may be the same as in some sister states.

Tim Akpinar

Answered

A: No. Statutes of limitations can be different for the same cause of action from one state to another. Another consideration is that if a lawsuit involves a city, municipality, town, village, or its agencies, there could be additional “notice of claim” requirements.

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