Maryland's standard three-year filing deadline does not apply the same way to an injured child as it does to an adult. 

Under Maryland law, the clock on a minor's own injury claim generally does not start until the child turns 18, giving families until close to the child's 21st birthday in many cases. 

Some claims, such as those against a school or government agency or those involving medical malpractice, follow different or shorter deadlines, so it's worth confirming which rules apply rather than assuming there's time to wait.

One of the first questions parents ask after a child is hurt is how much time they have to act. It's a fair question, and the answer is more favorable for children than it is for adults, but it comes with exceptions that catch families off guard. 

The child injury attorneys at Meyers, Rodbell & Rosenbaum have been standing up for the rights of children and their families for decades. Here's how Maryland's filing deadlines work when the injured person is a minor.

What Is the Standard Injury Claim Deadline in Maryland?Child With A Head Injury

For most personal injury cases, Maryland law gives an adult three years from the date of the injury to file a lawsuit. Miss that window, and the court will generally dismiss the case regardless of how strong the underlying claim was. This three-year rule is the starting point for understanding how children's claims work differently.

How Does the Deadline Change When the Injured Person Is a Minor?

Under Maryland Code § 5-201, the filing deadline pauses while the injured person is under 18. In practice, this means the clock on a child's own claim for pain and suffering typically does not begin running until their 18th birthday, and the family generally then has up to three more years to file. A child hurt at age 6 in a car accident or from a dog bite could, in many circumstances, wait until nearly their 21st birthday to file suit on their own behalf.

This extended window exists because young children cannot be expected to protect their own legal rights, and it can be a meaningful safety net if a family didn't realize the full extent of an injury right away. It should not, however, be treated as a reason to delay.

Does the Type of Claim Change the Deadline?

Not every injury claim follows the same rule, and a few common situations carry their own timelines.

Medical Malpractice and Birth Injury Claims

Claims involving medical malpractice, including many birth injury claims, are governed by a separate, more complex set of deadlines than a typical injury case. These claims often require early investigation by a medical expert, so families should not wait to have a potential birth injury or misdiagnosis case reviewed.

Claims Against a School or Government Agency

This is where families run into the most trouble. If your child was hurt on a public school bus, on public school property, or due to the actions of a government employee, special notice deadlines apply, and they generally do not wait for the child to turn 18. Depending on the government entity involved, families may need to provide formal written notice within a matter of months of the incident, sometimes well before the underlying lawsuit deadline would otherwise apply. If you assume you have years to spare because the injured person is a minor, you can permanently forfeit a claim against a school or government agency.

  • Confirm as early as possible whether a school district, county, or other government entity may be a responsible party.

  • Ask an attorney about any short-notice deadline before assuming the standard rules for minors apply.

  • Keep in mind that private schools and daycare facilities are generally not government entities and may follow different rules.

Can a Parent File a Separate Claim for the Child's Medical Bills?

Yes. Alongside the child's own claim, parents typically have an independent right to recover medical expenses they've paid on the child's behalf as part of a broader personal injury claim. This parental claim generally runs on the standard three-year deadline from the date of the injury rather than being tolled by the child's age, so it can expire well before the child's own claim would. Families sometimes lose the ability to recover their out-of-pocket costs simply because they assumed the more generous deadline for minors applied to everyone involved.

Why Shouldn't Families Wait to Talk to a Lawyer?

Swift action can lead to a better outcome in your case. Here’s why:

  • Evidence like surveillance footage, skid marks, or a dangerous condition at a school or daycare can disappear within days or weeks.

  • Witnesses move, forget details, or become harder to locate the longer a family waits.

  • Some claims carry short-notice deadlines that expire long before the standard filing deadline.

  • A child's own case may also involve future medical needs, such as long-term care for a traumatic brain injury, that are easier to document while treatment is still underway.

Every child's situation is different, and the applicable deadline may depend on who caused the injury, where it occurred, and how old the child was at the time. 

The child injury attorneys at Meyers, Rodbell & Rosenbaum can answer your questions, investigate your child’s injury, and fight for the compensation you deserve. A prompt case review is the most reliable way to ensure your family doesn't lose a valuable claim due to a deadline no one realized was already running.