> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Maryland

Under Maryland’s Courts and Judicial Proceedings Code § 5-101, a wrongful death claim must be filed within three years from the date of death. This three-year period is the general statute of limitations governing civil actions for personal injury or death in the state. The statute does not begin running from the date of the alleged negligence but from the decedent’s death itself. The official text of § 5-101, available at the Maryland General Assembly’s website, sets out the limitation period and may provide for certain exceptions or tolling circumstances. The worked example below demonstrates how the three-year period applies to a typical filing deadline. To estimate the applicable deadline for a specific case, users should consult the DocketMath calculator.

## Governing authority

In Maryland, the statute of limitations rule is set by **Md. Code Ann., Cts. & Jud. Proc. § 5-101**. The verified packet cites Md. Code Ann., Cts. & Jud. Proc. § 5-101 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101).

## Deadline example

For a Maryland wrongful death limitations check, use the verified limitations period from the current rule packet: **3 years**. The authority packet cites Md. Code Ann., Cts. & Jud. Proc. § 5-101 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 3 years.
- The example deadline is **2027-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Under Maryland’s Courts and Judicial Proceedings Code § 5-101, a wrongful death claim must be filed within three years from the date of death. This three-year

Wrongful Death Statute Of Limitations in Maryland

ANO-831 deepening pass (2026-04-29): per-claim primary source URLs and verbatim raw_statute_text populated for all 14 claim_types from mgaleg.maryland.gov primary statute pages. Legal-malpractice audit confirmed MD applies general 3-yr § 5-101 (Edmonds doctrine), no PI-misclassification fabrication present.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

An action for assault, libel, or slander shall be filed within one year from the date it accrues.

(a) An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of: (1) Five years of the time the injury was committed; or (2) Three years of the date the injury was discovered.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(g) (1) Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person. (2) (i) In this paragraph, “occupational disease” means a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. (ii) If an occupational disease was a cause of a person’s death, an action shall be filed: 1. Within 10 years of the time of death; or 2. Within 3 years of the date when the cause of death was discovered, whichever is the shorter.

(b) Except as provided under subsection (d) of this section and notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages arising out of a claim or claims of sexual abuse that occurred while the victim was a minor may be filed at any time.

§5–117.

(a)   In this section, “sexual abuse” means any act that involves:

(1)    An adult allowing or encouraging a child to engage in:

(i)     Obscene photography, films, poses, or similar activity;

(ii)    Pornographic photography, films, poses, or similar activity; or

(iii)   Prostitution;

(2)    Incest;

(3)    Rape;

(4)    Sexual offense in any degree; or

(5)    Any other sexual conduct that is a crime.

(b)   Except as provided under subsection (d) of this section and notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor may be filed at any time.

(c)    Except as provided in §§ 5–303 and 5–518 of this title and § 12–104 of the State Government Article, the total amount of noneconomic damages that may be awarded under this section to a single claimant in an action against a single defendant for injuries arising from an incident or occurrence that would have been barred by a time limitation before October 1, 2023, may not exceed $1,500,000.

(d)    No action for damages that would have been barred by a time limitation before October 1, 2023, may be brought under this section if the alleged victim of abuse is deceased at the commencement of the action.

(a) An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner: (1) Promissory note or other instrument under seal; (2) Bond except a public officer’s bond; (3) Judgment; (4) Recognizance; (5) Contract under seal; or (6) Any other specialty. (b) A payment of principal or interest on a specialty suspends the operation of this section as to the specialty for three years after the date of payment.

An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner: (1) Promissory note or other instrument under seal;

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(a) An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in &sect; 3-2A-01 of this article, shall be filed within the earlier of: (1) Five years of the time the injury was committed; or (2) Three years of the date the injury was discovered. (b) Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years. (c) (1) The provisions of subsection (b) of this section may not be applied to an action for damages fo

(g) (1) Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person.

The discovery rule provides that the "cause of action accrues when the claimant in fact knew or reasonably should have known of the wrong." Poffenberger, 290 Md. at 636, 431 A.2d at 680.

Maryland imposes no statute of limitations on civil actions for damages arising out of childhood sexual abuse. Under Md. Code, Cts. & Jud. Proc. § 5-117(b) — enacted as part of the Maryland Child Victims Act of 2023 (SB 686) — an action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor 'may be filed at any time,' notwithstanding any otherwise-applicable statute of limitations, statute of repose, Maryland Tort Claims Act, or Loc

Under Md. Code Ann., Cts. & Jud. Proc. § 5-101, a civil action at law must be filed within three years from the date it accrues unless another Code provision sets a different period. This catch-all three-year limit is the controlling SOL for general personal-injury and negligence actions in Maryland, which has no PI-specific provision.

Under Md. Code Cts. & Jud. Proc. § 5-101, a civil action at law in Maryland must be filed within three years from the date it accrues unless another Code provision provides a different period. Oral contracts are not covered by any specialty period in § 5-102 (which addresses sealed/specialty instruments) or elsewhere in Subtitle 1, so the general three-year period of § 5-101 governs actions on oral contracts.

Under Md. Code, Com. Law § 2-725(1), an action for breach of any contract for sale must be commenced within four years after the cause of action accrues.

Under Md. Code, Cts. & Jud. Proc. § 5-105, a civil action for assault in Maryland must be filed within one year from the date it accrues. Battery (a separate tort) is governed by the 3-year general period under § 5-101, because the Maryland legislature removed battery from § 5-105 by Ch. 488, Laws of Maryland 1989, effective July 1, 1989. For the combined assault-and-battery-intentional-tort claim type, the conservative period is 1 year — a plaintiff who waits longer than 1 year loses the assaul

A Maryland civil action on a promissory note under seal is subject to the 12-year statute of limitations at Md. Code, Cts. & Jud. Proc. § 5-102(a)(1). The 12-year period runs from when the cause of action accrues. A payment of principal or interest suspends the 12-year period for three years from the date of that payment (§ 5-102(b)). The 12-year specialty period does not apply to: (a) specialties taken for the use of the State (§ 5-102(c)(1)); or (b) a deed of trust, mortgage, or sealed promiss

Statute of limitations for personal injury in US-MD is 3 years under Md. Code Ann., Cts. & Jud. Proc. § 5-101.

Statute of limitations for ucc sale of goods in US-MD is 4 years under Md. Code, Com. Law § 2-725(1).

Statute of limitations for assault and battery intentional tort in US-MD is 1 years under Md. Code, Cts. & Jud. Proc. § 5-105.

Statute of limitations for debt on a promissory note in US-MD is 12 years under Md. Code, Cts. & Jud. Proc. § 5-102.

Statute of limitations for unjust enrichment restitution in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for equitable tolling in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for wrongful death in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 3-904.

Statute of limitations for legal malpractice in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for product liability in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for premises liability in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for breach written contract in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for breach oral contract in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for fraud in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for property damage in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for trespass in US-MD is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

Statute of limitations for medical malpractice in US-MD is 5 years from injury or 3 years from discovery, whichever is earlier under Md. Code, Cts. & Jud. Proc. § 5-109.

Statute of limitations for libel in US-MD is 1 year under Md. Code, Cts. & Jud. Proc. § 5-105.

Statute of limitations for slander in US-MD is 1 year under Md. Code, Cts. & Jud. Proc. § 5-105.

Statute of limitations for equitable tolling in maryland is 3 years under Md. Code, Cts. & Jud. Proc. § 5-101.

An action on an oral (unwritten) contract is governed by CJP 5-101, which sets a 3 years limitations period for actions on oral contracts.

Under Md. Code, Courts & Judicial Proceedings § 5-102(a), an action on a specialty must be filed within twelve (12) years after the cause of action accrues; subsection (a)(3) expressly lists a judgment among the specialties, so enforcement of a domestic Maryland judgment is subject to this twelve-year period (or twelve years from the death of the last to die of the principal debtor or creditor, whichever is sooner).

Maryland childhood sexual abuse civil claims may be filed at any time under Md. Cts. & Jud. Proc. § 5-117 (Child Victims Act of 2023).

A 42 U.S.C. Section 1983 civil rights claim arising in Maryland borrows the state's general 3-year limitations period and must be filed within three years under Md. Code, Cts. & Jud. Proc. § 5-101.

In US-MD, the limitation rule for equitable tolling is governed by Md. Code, Cts. & Jud. Proc. § 5-101.

Within 20 years from the date the cause of action accrues, a person shall: (1) File an action for recovery of possession of a corporeal freehold or leasehold estate in land; or (2) Enter on the land.

An action on one of the following specialties shall be filed within 12 years after the cause of action accrues: promissory notes, bonds, judgments, recognizances, and contracts under seal (with exceptions for owner-occupied residential deeds of trust, mortgages, and promissory notes).

When a cause of action subject to a limitation under Subtitle 1 of this title or Title 3, Subtitle 9 of this article accrues in favor of a minor or mental incompetent, that person shall file his action within the lesser of three years or the applicable period of limitations after the date the disability is removed.

Wrongful Death Statute Of Limitations in Maryland

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Authority and key facts

Wrongful Death Statute Of Limitations in Maryland

Governing authority

Deadline example