Maryland truck accident cases are subject to the statute of limitations applicable in the case. The statute of limitations is the amount of time in which a lawsuit must be filed and varies based on the type of claim. Generally, under Maryland Code section 5-101, Maryland personal injury claims have a statute of limitations of three years. Typically, Maryland wrongful death claims also are subject to a three-year statute of limitations under Maryland Code section 3-904(g).
In general, statutes of limitations are strictly construed, and failing to file a claim within the allotted time will result in a dismissal of the claim. However, there are some exceptions. The statute may be tolled, for example, if the plaintiff if a minor or could not have known about the injury when it occurred.
In cases involving the city or state, additional requirements and limitations apply. For example, when filing a claim against the state under the Maryland Tort Claims Act, a claimant must submit a written claim with the State Treasurer within one year of the cause of action arising. The claim to the state also has to include a statement explaining the facts and specific damages alleged. In general, the case can be filed in court only after the Treasurer denies the claim. Filing a claim with the State Treasurer tolls the statute of limitations for 60 days after a final denial is made by the State Treasurer.
Cases are also subject to the applicable statute of repose. A statute of repose functions like a statute of limitations in that it limits the time in which a claim must be filed. However, statutes of repose are construed more strictly and provide a finite period during which a claim must be filed. A statute of repose generally protects potential defendants from long-term liability, by placing a more fixed time limit on the period of liability.
Man Dies After Being Hit by Garbage Truck
A man was killed after being hit by a garbage truck on a recent Saturday afternoon, as reported by one news source. According to law enforcement, the victim was trying to stop the garbage truck so that he could throw his garbage inside. Sadly, the pedestrian died at the scene. Reports also suggest that the driver of the garbage truck may have been involved in an argument before he hit the pedestrian. There were three crew members on the garbage truck at the time, and authorities are still investigating the accident. No charges have been filed in the case yet.
Call a Maryland Injury Lawyer
If you or a loved one has recently been injured in a Maryland truck accident, call an experienced Maryland injury attorney. Waiting to file your claim may result in the dismissal of your case. The injury attorneys at Lebowitz & Mzhen, Personal Injury Lawyers, are authorities in the field of Maryland trucking accidents. They have decades of combined experience representing accident victims in personal injury cases in Maryland and throughout the region, and will fight to get you the compensation you deserve. Call them at 800-654-1949 or contact them online to set up a free, no-obligation consultation.