Deadlines and the Timeline of a DMV Injury Case

Injury deadlines in D.C., Maryland, and Virginia at a glance

These are the general rules. Each has exceptions, and different deadlines apply to some claims, including medical malpractice, sexual abuse, and claims under your own insurance policy. Use the table to know when to call a lawyer, not to decide that you have time to wait.

How long do you have to file a personal injury lawsuit?

In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)). In Maryland you generally have three years (Md. Code, Cts. & Jud. Proc. § 5-101), and in D.C. you generally have three years (D.C. Code § 12-301(8)).

The Virginia deadline is the one that catches people. A crash on the Capital Beltway in Fairfax County gives you a year less than the same crash a few miles away in Montgomery County. If you are not sure which jurisdiction's law applies, read Which State's Law Applies to Your Injury? and assume the shorter deadline until a lawyer tells you otherwise.

D.C. has a shorter one-year deadline for claims of assault, battery, and certain other intentional torts (D.C. Code § 12-301(4)). D.C. also has extended deadlines for claims arising from sexual abuse: for abuse that occurred before age 35, until the survivor turns 40 or five years after discovering the abuse, whichever is later (D.C. Code § 12-301(11)). We handle sexual abuse survivor claims in all three jurisdictions.

How long do families have to file a wrongful death claim?

A wrongful death lawsuit must be filed within two years after the death in D.C. (D.C. Code § 16-2702) and in Virginia (Va. Code § 8.01-244(B)), and within three years after the death in Maryland (Md. Code, Cts. & Jud. Proc. § 3-904(g)). In D.C. and Virginia the case is brought by the personal representative of the estate, so opening the estate is often the first step. Maryland has special rules for deaths from occupational disease and for concealed homicides.

Notice deadlines for claims against governments

Claims against a government start with a written notice or administrative claim that has its own, much earlier deadline. In D.C. the notice goes to the Mayor within six months (D.C. Code § 12-309). Maryland counties and cities get one year under the Local Government Tort Claims Act (Md. Code, Cts. & Jud. Proc. § 5-304), and Virginia localities get six months (Va. Code § 15.2-209). Claims against the federal government require an administrative claim within two years (28 U.S.C. § 2401(b)). Who receives each notice, what it must say, and how WMATA claims work are covered in Injured by a Government Vehicle, on Metro, or on Public Property.

What if the injured person is a child?

All three jurisdictions pause the ordinary lawsuit deadline while the injured person is a minor. In D.C., the period begins to run once the child turns 18 (D.C. Code § 12-302). In Maryland, the child must file within three years after turning 18, or within the regular period if that is shorter (Md. Code, Cts. & Jud. Proc. § 5-201). In Virginia, the child may file within the regular two-year period after turning 18 (Va. Code § 8.01-229(A)(1)).

Do not rely on tolling to wait. Evidence disappears long before a child turns 18, government notice rules may not pause in the same way, and some kinds of claims have their own special limits. Families should talk to a lawyer while the facts are fresh.

Other rules that can stop or restart the clock

• Virginia criminal cases. If a criminal prosecution arising from the same facts is commenced, the time it is pending is not counted against the civil deadline, and the injured person then has the remaining period or one year, whichever is longer (Va. Code § 8.01-229(K)).
• Virginia nonsuit. A Virginia plaintiff may take one voluntary dismissal, called a nonsuit, as a matter of right and refile within six months or within the original period, whichever is longer (Va. Code §§ 8.01-380, 8.01-229(E)(3)).
• Maryland good cause. A Maryland court may hear a claim against a local government despite late notice if there is good cause and the government cannot show its defense was prejudiced, and notice is not required if the government had actual or constructive notice of the injury within a year (Md. Code, Cts. & Jud. Proc. § 5-304(d), (e)).
• Your own insurance. PIP and UM/UIM claims carry their own deadlines and notice duties, including D.C.'s 60-day PIP election. See Using Your Own Insurance.

The typical timeline of a DMV injury case

Every case is different, but most follow the same path. These ranges are typical for a case that does not settle early.

1. Treatment and investigation (months 1 to 12 or more)

You focus on getting better while we preserve evidence, gather reports, put insurers on notice, and send any government notices. We usually do not value a claim until you reach maximum medical improvement or your doctors can describe your future care, because settling earlier means guessing.

2. The demand (1 to 2 months after treatment stabilizes)

We assemble medical records and bills, wage documentation, photographs, and statements into a demand package that explains liability and damages, and send it to the insurer.

3. Negotiation (1 to 3 months)

Many cases settle here. If the offer does not reflect the case, we file suit, always well ahead of the deadline.

4. Filing suit and the pleadings (1 to 3 months)

Cases are filed in D.C. Superior Court, a Maryland circuit court or the District Court of Maryland, a Virginia circuit or general district court, or federal court in some cases between residents of different states and in every FTCA case against the United States. The defendant is served and files an answer.

5. Discovery (6 to 12 months)

Both sides exchange documents and written questions, take depositions, and retain experts. The defense may request an examination by a doctor it chooses.

6. Mediation and settlement conferences

Courts in the DMV commonly send cases to mediation or a settlement conference before trial, and many filed cases resolve at this stage.

7. Trial (often 1 to 2 years after filing)

If the case does not settle, it is tried to a jury, or to a judge in an FTCA case against the United States. Post-trial motions and appeals can add a year or more.

Put together, a straightforward case may resolve within a year of the injury, and a contested case that goes to trial commonly takes two to three years. The pace of treatment, the court's docket, and the strength of the evidence matter more than anything else.

Key points

• The general deadline is three years in D.C. and Maryland and two years in Virginia.
• Wrongful death claims must be filed within two years of the death in D.C. and Virginia and three years in Maryland.
• Government claims start with a notice: six months for D.C. and Virginia localities, one year for Maryland local governments and the two states, and two years for the federal government.
• Minors' deadlines are paused until 18, but evidence and some notice rules do not wait.
• A typical case takes one to three years, and most of that time is treatment and discovery.

• Previous chapter: What Your Case Is Worth
• Next chapter: Injured by a Government Vehicle, on Metro, or on Public Property

Related practice areas

Related reading

• The Maryland statute of limitations guide
• Injured in D.C.: the three-year clock and its exceptions
• How long you have to sue the District of Columbia
• The nonsuit: a Virginia plaintiff's do-over
• Maryland's LGTCA notice letter: the one-year trap
• Why You Should Talk to a Lawyer Early

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.