Legal Question in Personal Injury in Maryland

Re: Is it too late to be compensated for eye injury that left daughter blind?

The statute of limitations in MD is generally 3 years. It is tolled during a plaintiff's years of minority (until s/he turns 18), so absent additional tolling runs on the 21st birthday. If the statute has run, an action would be time-barred.

This is not legal advice. For legal advice on such matters you need to retain counsel to advise you.

Re: Is it too late to be compensated for eye injury that left daughter blind?

An action, as can be brought by the parents, has long since been barred by the statute of limitations. The parents would have needed to bring a claim within 3 years under Maryland's general statute of limitations. (NOTE: Not all claims in Maryland are statutorily limited by 3 years; however, this being a general tort claim would apply to the 3 year limit).

A tort claim being brought by a child is barred 3 years after his/her reaching the age of majority, which is set by statute as 18 in Maryland. Thus she would have needed to bring her own action by age 21 and she is also barred by the statute of limitation.

Statutes of limitation are set forth under a general premise of law which asserts that, as time passes, the competency of evidence diminishes. Competency of evidence is one consideration. Compentency of evidence means that witnesses and other evidence has relevance and reliability when it is presented timely to the injury. Another consideration is that a minor should not be precluded from bringing an action where his/her parents did not otherwise bring suit during his/her minority, thus the statute of limitations attaches after the child has reached majority.

All of the above assumes that she lost her eye around the time of the injury. If she lost her eye after the age of 21, then a different outcome applies.

Be sure to inquire about pre-existing conditions with health insurance. If your daughter needs assistance, the Maryland School of the Blind may be able to help. Other non-profit organizations may lend assistance if she is encountering problems with learning.