Maryland Statutes of Limitations for Civil Cases

Understanding Maryland's statutes of limitations is critical for any litigant—attorney or pro se. Missing a deadline can result in permanent loss of your right to sue, regardless of how strong your underlying claim. This guide covers the major civil cause-of-action categories under Maryland law with precise statute citations and practical guidance.

Personal Injury

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: The statute of limitations begins to run on the date the injury occurs—the moment the plaintiff suffers harm. This applies to accidents, slip-and-falls, motor vehicle collisions, and other negligence-based injury claims.

Key Consideration: The clock starts when the injury happens, not when the plaintiff discovers it. However, Maryland recognizes the discovery rule in certain circumstances (discussed below).

Breach of Written Contract

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: The statute begins running when the breach occurs—the moment one party fails to perform an obligation under the contract. This is not when the plaintiff discovers the breach, but when the breach itself happens.

Practical Note: For installment contracts (like loan agreements with monthly payments), each missed payment may be treated as a separate breach, potentially restarting the clock. Courts have held that subsequent breaches of the same contract can extend liability exposure.

Breach of Oral Contract

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: Like written contracts, the statute runs from the date of breach, not discovery.

Evidentiary Note: While the statute of limitations is the same, oral contracts are notoriously difficult to prove. You will need credible testimony, contemporaneous notes, emails, or other corroborating evidence of the contract's terms and the breach.

Fraud

Limitation Period: 3 years (discovery rule applies)

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: Unlike many other causes of action, fraud claims in Maryland benefit from the discovery rule. The statute of limitations begins to run when the plaintiff discovered or reasonably should have discovered the fraud through the exercise of reasonable diligence.

Critical Distinction: This is not the date the fraudulent conduct occurred, but the date the plaintiff knew (or should have known) of the deception. Courts examine what a reasonable person in the plaintiff's position would have discovered.

Real-World Example: If you relied on a misrepresentation in a real estate transaction and only discovered the deception three years after closing, your three-year clock likely begins from the discovery date, not from the transaction date.

Property Damage

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: The statute runs from the date the property is damaged. This covers damage to real property (buildings, land) and personal property (vehicles, goods, chattels).

Application: For latent defects discovered long after the damaging event, the discovery rule may extend the deadline (see "Discovery Rule" section below).

Medical Malpractice

Limitation Period: 3 years with a 5-year repose period

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-109

When the Clock Starts: The statute begins to run when the plaintiff discovers or reasonably should have discovered the injury caused by the malpractice. This is a discovery rule statute, not a date-of-injury statute.

Absolute Repose Period (Critical): Regardless of when discovery occurs, no medical malpractice claim may be brought more than 5 years after the act or omission giving rise to the claim, with two exceptions:

Practical Implication: Even if a patient doesn't discover medical malpractice until year 4, they cannot sue if more than 5 years have passed since the malpractice occurred. This creates a hard deadline that cannot be overcome by arguments about delayed discovery.

Wrongful Death

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101 (applied to wrongful death claims); Md. Code, Est. & Trusts § 3-404

When the Clock Starts: The statute of limitations runs from the date of death, not from the date of the injury that led to death.

Standing Note: Only certain parties may bring a wrongful death action: the personal representative of the deceased's estate, or if no representative, certain family members. The statute explicitly governs the time period for filing the claim.

Defamation (Libel, Slander, and Defamation Per Se)

Limitation Period: 1 year

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-203

When the Clock Starts: The statute runs from the date of publication or utterance of the defamatory statement.

Important Distinction: Defamation has a significantly shorter limitation period than most civil claims. Once one year passes, the claim is barred. This is particularly important given the rapid spread of defamatory statements on social media—the one-year clock starts when the statement is first published, not when it is discovered or goes viral.

Republication Doctrine: Some courts recognize that each republication (re-posting, sharing) may restart the clock, but this rule varies; rely on current case law in your jurisdiction.

Trespass

Limitation Period: 3 years

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts: The statute runs from the date the trespass occurs—the unauthorized entry upon or interference with another's property.

Continuing Trespass: If the trespass is ongoing (e.g., continuous dumping on your land), each day may constitute a new trespass, potentially restarting the clock. This is a fact-specific inquiry that depends on whether the defendant's conduct is truly continuous or merely a single act with lingering effects.

Debt Collection and Promissory Notes

Limitation Period: 3 years (6 years for sealed instruments)

Statute Citations: Md. Code, Cts. & Jud. Proc. § 5-101 (general); § 5-102 (sealed instruments)

When the Clock Starts: The statute begins to run from the date the debt became due or the last payment was made.

Sealed Instrument Exception: A note under seal—one signed and sealed by the debtor—has a 6-year limitation period under § 5-102. This is rare in modern transactions but still applies to historical documents and some commercial instruments.

Acceleration Clauses: If a promissory note includes an acceleration clause allowing the creditor to declare the entire balance due upon default, the statute of limitations clock typically starts from the acceleration date, not the original maturity date.

Effect of Partial Payment: A new payment on an old debt may restart the statute of limitations clock, giving the creditor a fresh 3-year period. This is why creditors pursue partial payments from debtors even years after the original debt date.

Discovery Rule: When Delayed Accrual Applies

Maryland recognizes the discovery rule for certain causes of action where the injury is not immediately apparent. Under the discovery rule, the statute of limitations does not begin to run until the plaintiff discovered or reasonably should have discovered, through the exercise of reasonable diligence, both:

1. The injury itself, and
2. The causal connection between the defendant's conduct and the injury.

Causes of Action with Discovery Rule:

Causes of Action Without Discovery Rule (Date-of-Injury):

Reasonable Diligence Standard: Courts ask whether a reasonable person in the plaintiff's circumstances would have discovered the injury. Actual knowledge is not required; constructive knowledge (what the plaintiff should have known) is sufficient.

Tolling Provisions: When the Clock Pauses or Doesn't Start

Maryland law provides several circumstances under which the statute of limitations is tolled (paused) or delayed from running:

Minority (Age)

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-201

If the plaintiff is under 18 years old, the statute of limitations does not begin to run until the plaintiff reaches the age of majority (18). A minor's parent or guardian can sue on the minor's behalf during this period, but the minor also retains the right to sue after reaching 18 (subject to the applicable statute of limitations).

Practical Example: A child injured at age 5 has until age 21 to file suit (3 years after turning 18), even if the injury was discovered immediately.

Mental Incapacity

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-202

If the plaintiff is mentally incapacitated (lacks the legal capacity to understand the claim), the statute of limitations does not run during the period of incapacity. The clock resumes when the incapacity ends or when a guardian is appointed.

Definition: Mental incapacity means the person is unable to understand the nature and consequences of their action or to manage their affairs.

Absence from the State

Statute Citation: Md. Code, Cts. & Jud. Proc. § 5-203

If the defendant is absent from Maryland, the statute of limitations may be tolled for the period of absence, up to a maximum of two years.

Purpose: This prevents defendants from evading suit by leaving the state. However, modern service of process rules have reduced the practical importance of this tolling provision.

Military Service

Some forms of military service may toll the statute of limitations under federal law (the Servicemembers Civil Relief Act, 50 U.S.C. § 3953), though this is not a Maryland-specific statute.

Fraudulent Concealment

Maryland courts recognize that if a defendant actively conceals evidence of a claim, tolling may be available to delay the running of the statute of limitations. However, this is highly fact-specific and typically requires evidence of affirmative misrepresentation, not mere silence.

Practical Guidance: Calculating Deadlines and Avoiding Missed Filings

How to Calculate the Deadline

Start with the triggering date (injury, breach, discovery, publication, etc.) and count forward the applicable number of years. For example:

Include Weekends and Holidays: The deadline falls on the same day of the week and month, even if that day is a weekend or holiday. File before that deadline, not on the deadline itself.

What Happens If You Miss the Deadline

Statute of Limitations is an Absolute Bar: Once the statute of limitations expires, the claim is permanently barred, with extremely rare exceptions. A defendant can raise this as an affirmative defense in their answer (Md. Rule 2-341), and the court will dismiss the case. No amount of legal argument can revive a time-barred claim.

Dismissal Without Prejudice vs. With Prejudice: If you file suit after the deadline, the defendant will move to dismiss. The dismissal will be with prejudice, meaning you cannot refile the same claim. This is a final loss of your right to sue.

Safe Filing Practices

Special Note on Weekends and Court Closures

If the deadline falls on a weekend or state holiday when the court is closed, the deadline is not extended. File on the last business day before the deadline to be safe.

Key Takeaways