What is the time limit (Statute of Limitations) to make a claim for a TBI?

Victims of traumatic brain injury (TBI) likely face many concerns. Treatment for brain injuries can be extensive and a victim may face many effects and impairments while in recovery. Recovery can have many different aspects, from stabilizing health, to undergoing surgery, to staying in the hospital, to rehabilitative therapy. Even if a victim only sustained a mild TBI, such as a concussion, he or she will likely be required to rest both physically and mentally until the brain damage heals.

While the victim’s focus should be on both physical and mental recovery, he or she should also realize that he or she does not have an unlimited amount of time to pursue a legal claim if the TBI was caused by another party. This time limit is called the statute of limitations and it varies from state to state.

Statute of Limitations in Maryland

Not only does the statute of limitations change from state to state, but it also can vary depending on what type of claim is necessary to bring in regard to a victim’s brain injury. For example, the following are some time limits that may apply to a traumatic brain injury case:

Personal injury — If the brain injury occurred due to the negligence of another person or party, the victim has three years from the date of the injury in which to file a claim.
Medical malpractice — If a brain injury occurred during birth or due to other negligence on the part of medical professionals, the victim has five years from the date of the injury OR three years from the date he or she discovered he or she was injured, whichever happens first.
Assault — In cases involving brain injury that resulted from an intentional violent assault, the victim only has one year to file a claim in civil court.
Wrongful death — Surviving family members of a person who died due to a traumatic brain injury have three years from the date of the fatality to file a claim for wrongful death.

Even though three or five years may seem like a long time, a legal claim requires significant preparation so you should never wait until the last minute to contact an attorney. If an attorney has to rush to file a claim, it may affect the quality of the claim. Furthermore, if you miss the deadline, you will likely lose your right to recover for your losses at all.

Do Not Delay in Consulting with a Skilled Baltimore Brain Injury Attorney at The Casper Firm about a Possible Case

Even though it may seem like you have a substantial amount of time to make a brain injury claim and it may be easy to concentrate on other things and put off speaking with an attorney, your chances of a full and fair recovery often can increase by starting on your case in a timely fashion. At The Casper Firm, we will commit our full range of experience and resources to obtain the maximum amount of compensation you deserve for your losses related to your brain injury. Please contact for a case evaluation today.