Statute of Limitations in Maryland Nursing Home Abuse Cases

Timing is extremely important in Maryland nursing home abuse cases. A plaintiff must adhere to the Statute of Limitations in Maryland nursing home abuse cases when attempting to prove that the negligence of the nursing home resulted in a personal injury.

If a plaintiff fails to act in time, their case could fail. The defendant nursing homes’ attorneys could refuse to participate in settlement negotiations if
they become aware of this rule and the time limit passes.

A knowledgeable attorney could assist plaintiffs in Maryland nursing home abuse cases meet the timing requirements under Maryland’s statute of limitations. They could heko plaintiffs in understand this portion of the law and to ensure that their cases are filed on time.

The Statute of Limitations and Maryland Law

The State’s legislature has established a statute of limitations in Maryland nursing home abuse cases on when plaintiffs are allowed ask a court to hear a case. This serves to both control the volume of cases in court and to allow potential defendants some peace of mind after a certain time has passed.

All civil cases in Maryland are controlled by the resulting statute of limitations. The Maryland Code Annotated Courts & Judicial Proceeding § 5-101 dictates that all plaintiffs seeking damages must bring a civil claim to the court within three years from the date that the injury accrues.

This concept of an injury accruing is very important since the time limit begins to toll from the time that the plaintiff discovers the harm. In nursing home abuse cases, this could be many months from the date that the injury occurs. Since the plaintiffs of this abuse are elderly and unable to care for their own needs, communication concerning the abuse may be severely delayed.

Consequences of Missing the Deadline

Missing the deadline to file a case could have disastrous consequences. The court will typically be open to a motion to dismiss, which could be filed by the defendant’s attorney. The court could then require the plaintiff in the case to present evidence as to why the case should remain open. Only if the plaintiff is able to produce a convincing argument as to why they could not file the case earlier may the court keep the claim open.

A failure to file a case on time could limit a plaintiff’s options in court and may also severely damage the possibility of settling the case outside of court.

Defendants and their attorneys could be very aware of this rule and may refuse to participate in any settlement negotiations if they believe that the statute of limitations in Maryland nursing home abuse cases has expired. Only by acting quickly may a resident and their family hope to recover compensation for their injuries.

Limits on a Plaintiffs’ Options

The statute of limitations in Maryland nursing home abuse cases for personal injury claims is three years. If it has been more then three years since an injured plaintiff has known about their injury, they typically cannot ask a court to decide the case. Certain exceptions may apply if the plaintiff was unable to speak for themselves and a relative did not learn of the abuse until months or years later.

An attorney who handles Maryland nursing home abuse cases could work with plaintiffs to give them the best possible chance of meeting the statute of limitations. Any failure to do so could result in the court refusing to hear the case and all settlements negotiations will fail. Contact an attorney immediately to fight for your rights.