Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

The number is the same — 3 years — but in Maryland the two clocks start at different moments, and that difference can save a family's claim.

3 years from the death

Section 3-904(g)(1) requires a wrongful death action to be filed within three years after the death of the injured person. Ordinary personal injury claims also get about 3 years, but counted from the injury.

An independent claim with its own clock

Maryland treats wrongful death as a separate cause of action that arises at the moment of death. In Mummert v. Alizadeh, the Court of Appeals reasoned that a wrongful death claim cannot be time-barred before it can accrue — so the clock doesn't start until the decedent dies, even if the wrongful act was years earlier and the decedent's own claim would have expired.

Still subject to the fault defense

Independence on timing doesn't mean independence on defenses. Maryland appellate courts have held that contributory negligence that would bar the decedent's claim also forecloses the wrongful death claim, so a timely filing can still fail on the merits.

Malpractice and exceptions

Medical malpractice follows §5-109: the earlier of 5 years from the injury or 3 years from discovery. The wrongful death statute also has limited exceptions for deaths caused by occupational disease and for certain homicides, but they are narrow and shouldn't be assumed to apply.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Maryland attorney immediately.