Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.

The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.

Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).

In Maryland, statutes of limitations set deadlines for filing various types of legal claims. The time limits depend on the nature of the claim. For example, personal injury claims generally have a three-year statute of limitations, while breach of contract claims also typically have a three-year limit, whether the contract is oral or written. The discovery rule in Maryland may toll the statute of limitations, meaning the clock starts ticking when the plaintiff discovers or reasonably should have discovered the injury, not necessarily when the injury occurred. This rule is particularly relevant in cases where the injury or breach is not immediately apparent. Additionally, the statute of limitations may be tolled for plaintiffs who lack legal capacity, such as minors or those declared mentally incompetent. In such cases, the clock may not start until the disability is removed, such as when a minor reaches the age of majority, which is 18 years in Maryland. An attorney can provide specific guidance on how these rules apply to individual cases and whether any exceptions or tolling provisions may extend the filing deadline.