Wrongful Death:
Statute of Limitations:
MD Code, Cts. & Jud. Proc. § 3-904
(g)(1) Except as provided in paragraph (2) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person.
(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.
Does discovery rule apply?
See above with respect to occupation diseases. Otherwise, only in case of fraud. Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658, Md.,1988.
Who has the right to bring suit?
Heirs. Md. R. Civ. P., Rule 15-1001.
Personal Injury:
Statute of Limitations:
Three Years. MD Code, Cts. & Jud. Proc. § 5-101
Does discovery rule apply?
Yes - Murphy v. Merzbacher, 346 Md. 525, 697 A.2d 861, (Md.,1997)
