Pedestrian accidents are an unfortunate reality that can lead to devastating injuries and long-term consequences for those involved. In Maryland, the legal system allows injured pedestrians to seek compensation through a personal injury lawsuit. However, it is important to understand the timeframe within which a lawsuit must be filed. This timeframe, known as the statute of limitations, plays a critical role in determining whether an injured pedestrian can pursue legal action.
The process of filing a lawsuit after a pedestrian accident can be complex, and it requires a thorough understanding of Maryland’s legal guidelines. This discussion will explain the relevant timeframe for filing a lawsuit, the exceptions that may apply, and why acting promptly is essential for preserving your rights. Alpert Schreyer, LLC provides compassionate legal support and strategic representation to help victims of pedestrian accidents secure the compensation they deserve for their injuries and losses.
Understanding the Statute of Limitations in Maryland
The statute of limitations refers to the legal deadline by which a lawsuit must be filed. In Maryland, the statute of limitations for personal injury claims, including pedestrian accidents, is generally three years. This means that if you have been injured as a pedestrian in an accident caused by a motor vehicle, you must file your lawsuit within three years from the date of the accident. If you fail to file your claim within this time frame, you may lose your right to seek compensation for your injuries, medical expenses, lost wages, and other damages related to the accident.
It is important to note that the clock begins to run from the date the accident occurred, not from the date the injuries were discovered or treated. If you delay filing a lawsuit and the statute of limitations expires, the court will likely dismiss your case, leaving you without any legal recourse. Therefore, it is crucial to act within the given timeframe to preserve your rights to compensation.
Exceptions to the Statute of Limitations
While the general rule in Maryland is that a pedestrian accident lawsuit must be filed within three years of the accident, there are certain exceptions that may apply in specific situations. Understanding these exceptions is important, as they can extend or shorten the time allowed for filing a lawsuit.
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One notable exception applies when the injured party is a minor. In cases where a pedestrian under the age of 18 is injured in an accident, the statute of limitations does not begin to run until the child turns 18. This means that the individual has three years from their 18th birthday to file a lawsuit, giving them more time to pursue legal action if they wish to do so as an adult.
Another exception involves cases where the injured pedestrian was mentally incapacitated at the time of the accident. In such situations, the statute of limitations may be tolled, or paused, until the individual regains mental capacity. Once the injured party is deemed capable of managing their affairs, the three-year statute of limitations begins to run.
Additionally, in some cases, the statute of limitations may be extended if the at-fault party leaves the state or conceals their identity, making it difficult for the injured pedestrian to file a lawsuit. However, these exceptions are relatively rare, and they can be difficult to prove without strong legal assistance. Therefore, it is critical to speak with a legal professional as soon as possible to determine whether any exceptions to the statute of limitations apply in your case.
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Why Filing Promptly is Essential
Even though Maryland allows three years to file a pedestrian accident lawsuit, waiting until the last minute can severely impact the outcome of your case. There are several reasons why filing your lawsuit promptly is in your best interest.
First, evidence is key to building a strong case. The longer you wait to file a lawsuit, the more likely it is that important evidence will be lost, destroyed, or become difficult to obtain. Witnesses may forget crucial details, surveillance footage may be erased, and physical evidence may deteriorate over time. Acting quickly ensures that your legal team has access to the best possible evidence to support your claim.
Second, medical documentation plays a critical role in demonstrating the severity of your injuries and the impact they have had on your life. The longer you wait to file, the more challenging it may become to obtain accurate and detailed medical records that reflect the full extent of your injuries. Filing promptly helps ensure that your medical condition is thoroughly documented, which strengthens your case.
Third, insurance companies often use delay tactics to minimize or deny claims. If they sense that you are running out of time to file a lawsuit, they may offer you a low settlement or try to stall negotiations. By filing your lawsuit in a timely manner, you put pressure on the at-fault party’s insurance company to negotiate fairly and in good faith.
Finally, filing early allows you to pursue the compensation you need sooner rather than later. The financial burdens associated with a pedestrian accident can be overwhelming, and waiting too long to take legal action can exacerbate those challenges. By acting quickly, you can expedite the legal process and seek the compensation necessary to cover medical bills, lost wages, and other expenses.
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What Happens if You Miss the Deadline?
If the statute of limitations expires and you have not yet filed your lawsuit, you will likely lose your right to seek compensation for your injuries. The court will generally dismiss any claims filed after the statute of limitations has passed, regardless of the merits of your case. This means that even if you have a strong case with clear evidence of the other party’s negligence, you may be left without any legal recourse if you miss the deadline.
There are very few exceptions to this rule, and they are difficult to establish without proper legal guidance. In some rare instances, a court may allow a case to proceed even after the statute of limitations has expired, but this typically requires extraordinary circumstances. For example, if the defendant engaged in fraudulent concealment or intentionally prevented you from filing your claim, the court may grant an extension of the statute of limitations. However, such situations are rare, and it is unwise to rely on them as a strategy for delaying legal action.
The bottom line is that missing the filing deadline can have devastating consequences for your ability to recover compensation. To avoid this risk, it is essential to understand the timeframe for filing your lawsuit and to take action as soon as possible.
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How Legal Assistance Can Help with the Filing Process
Filing a lawsuit after a pedestrian accident can be a complicated and time-sensitive process. Navigating the legal system requires an understanding of not only the statute of limitations but also the various rules and procedures that govern personal injury claims in Maryland. For this reason, having legal assistance is critical to ensuring that your rights are protected.
Legal professionals can help you gather evidence, negotiate with insurance companies, and meet important deadlines to ensure that your claim is filed within the required timeframe. They can also advise you on whether any exceptions to the statute of limitations may apply in your case, and they can help you avoid common pitfalls that may delay or jeopardize your claim.
It is important to note that filing a lawsuit is not just about meeting deadlines. It is about building a compelling case that demonstrates the other party’s negligence and your right to compensation. Legal assistance can help you achieve that by thoroughly investigating the circumstances of your accident and presenting a strong case in court.
If you have been injured in a pedestrian accident in Maryland, time is of the essence. Understanding the timeframe for filing a lawsuit is crucial for protecting your rights and securing the compensation you deserve. Failing to act within the statute of limitations can leave you without any legal options, even if your injuries are severe.
To ensure that your case is handled properly and within the legal deadlines, it is important to seek legal assistance as soon as possible. The experienced team at Alpert Schreyer, LLC is here to help. Our legal professionals have the knowledge and dedication to guide you through the complexities of pedestrian accident claims, ensuring that your rights are protected and your case is filed in a timely manner. Contact Alpert Schreyer, LLC today to schedule a consultation and take the first step toward securing the compensation you deserve.