Amory, MS asked in Personal Injury for Maryland

Q: Would the statue of limitations be based on date of injury or the date I became aware of the injury?

A little over 6 years ago Oct 2013 I was humiliated by an instructor at work in front of a group of people. It was unbelievable and malicious. (Additional details usually result in people being aghast and shake their head in unbelief.) At the time I did not realize I suffered a mental health injury as a result of this incident. I also had a physical issue going on and pursued the physical element for several years. Up until the last two years I did not realize that it was completely a mental health issue as a result of this incident. I now have this terrible anxiety disorder and cannot work. Before this incident I was fine. I have never been the same since. My life is ruined. Incident occurred in North Carolina. I now live in Maryland.

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2 Lawyer Answers
Joseph D. Allen
Joseph D. Allen
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: Most likely, if the employment was in North Carolina, then that state's laws will control the statute of limitations and when the cause of action accrued. So you should post your question in that forum, or consult with a North Carolina attorney. Generally speaking, the "discovery rule" starts the clock at the time a party knows or should know they have a claim against another- not when the extent of the injury becomes apparent.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: The law of North Carolina would apply, so always check first with a lawyer from that jurisdiction before making any final decisions. However, that said, the SOL would normally start to run from the date of the incident under your facts. If you were not yet 18 years of age when the incident occurred, then under most states laws the SOL does not begin to run until you turn 18, so whether that impacts your situation or not is unclear since you do not state your age.

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