The Maryland property damage statute of limitations

Written by ruxandra

If you want to be able to recover damages, you have to respect the deadlines imposed by the property damage law in Maryland. This is known as the Maryland property damage statute of limitations and if you file your claim after the deadline, you will not receive compensation. If your property was damaged due to someone’s carelessness (other than you) you should contact your property damage attorney from Maryland and file a claim against the liable person.

What is the statute of limitations in Maryland for property damage?

The “stature of limitations” present in the property damage law in Maryland can affect your right to file a lawsuit, meaning there is a fixed limit until when your claim will be filed. Each state has their own statute of limitation for all types of claims and your Maryland property damage attorney knows them.

Maryland filing deadline

In the state of Maryland, if you have a potential property damage case (for house and land) or personal property (even the damage done to your vehicle, or by a faulty product), your lawyer from Maryland can file your claim within 3 years (MD Courts & Judicial Proceedings Code §5–101). This deadline is set by a “catch-all” statute of limitations which applies to the cases not specifically mentioned in the proceedings code, where all civil lawsuits filing deadlines are displayed. This means that if a homeowner is thinking of filing a physical damage claim, the claim has to be filed within the three years since the accident occurred (or the damage was discovered).

Missing the deadline

If you miss the deadline for filing your claim, the defendant’s lawyer can make a motion to dismiss the case exactly because of this. Unless something horrific happened and you were unable to file the claim before the deadline, then the court will most likely grant the dismissal motion. If the case gets dismissed, then you will not receive any property damage compensation in Maryland, but you will also lose all your right to ask for compensation in the future (from this defendant).  That is why, if you discovered your property was damaged or if a faulty product caused your property damage, you should contact your lawyer from Maryland and formulate a strategy for your specific case.

Extending the filing deadline

The three-year filing deadline can be extended in certain situations for most types of civil lawsuits, including for property damage claims. For example, if the property owner was under a legal disability when the damage occurred, or if they are under age (18 years old), then the 3-year clock will start running the day the person will turn 18 or legally declared competent. There are also other situations in which the deadline can be extended, but you should consult with your attorney from Maryland about the property damaged that you suffered.

For more information about these types of cases, you can contact the best property damage attorney in Maryland at (443) 569-3950 or send an email to [email protected].

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