When you’ve suffered a serious injury due to another’s irresponsible and negligent actions, they should be held liable. This includes compensating you for the injuries you sustained and the losses you endured as a result of those injuries.
However, your case may go nowhere if you try to file a lawsuit outside of the statute of limitations. What’s more, the state of Michigan statute of limitations has some exceptions that you’ll need to be aware of, as they could apply to your claim. A Michigan personal injury lawyer can tell you more about the statute of limitations in Michigan and the exceptions to the law that you’ll need to know.
What Is the Statute of Limitations in Michigan for Filing a Lawsuit
The statute of limitations in Michigan for personal injury claims is outlined in Mich. Comp. Laws Ann. § 600.5805. The law allows victims three years from the date that the accident occurred or three years from the date that they are diagnosed with an injury relating to the accident.
This seems like plenty of time, but you might be surprised how time-consuming building your case will be, which is why it’s essential to file your claim as soon as possible. If the statute of limitations runs out in your case, the courts will not allow you to have your case heard and you’ll be stuck covering any damages on your own.
When you aren’t sure when the statute of limitations started ticking in your case, discuss the details of your claim with your attorney. Make sure you also seek medical attention as soon as possible following any injuries to protect your right to damages and establish a medical history.
Do I Need to File a Lawsuit for My Personal Injury Case?
No, not every injury claim will end up in court. In fact, many cases are negotiated with insurers outside of court. Your case may start court proceedings, but they can be resolved before going through the entire court process. Sometimes, insurers are willing to offer a settlement that addresses all of your losses with minimal negotiations.
However, do not assume that this is what will happen in your case. Your case may very well go to trial, and it’s important to be prepared for this possibility. If you do not file your lawsuit within this statute of limitations, you may lose your chance of seeking damages from the negligent party.
When seeking legal help, it’s important to find a firm that is prepared to see your case all the way to court, even if it never ends up there.
Are There Exceptions to the Statute of Limitations in Michigan for Personal Injury?
Yes, there are exceptions to the three-year statute of limitations. Mich. Comp. Laws Ann. § 600.5851 lists certain circumstances that allow for the delayed start of the statute of limitations. Some of these scenarios are described as follows:
- If the injury victim does not have the mental capacity to recognize their rights at the time of the accident: Victims who have a mental disability or mental health condition will have one year following a “sane” diagnosis to file their claim in court. Insanity, as it pertains to personal injury claims and the statute of limitations, is defined as someone not being able to understand their rights.
- If the injury victim was under the age of 18 at the time of the accident: The statute of limitations for minors does not begin running until they reach the age of 18, at which point they will have one year to file their claim.
- When the liable party leaves the state: This is a legal gray area, because with the culpable party out of state, the plaintiff cannot reasonably be expected to serve a lawsuit to the defendant. This exception is outlined in Mich. Comp. Laws Ann. § 600.5853.
Should the at-fault entity leave the state after the accident but before the claim is filed in court and is out of state for two months or longer, the statute of limitations can’t begin running until the liable party returns to the state and the victim is able to serve them.
The exceptions to the statute of limitations can be complex, which is why it’s in your best interest to work with your attorney to determine whether the circumstances of your accident, and the aftermath of it, fall under any of these exceptions.
Additional Deadlines for Michigan Personal Injury Cases
Civil claims and lawsuits are time-sensitive, and it’s important to act quickly. Here are some other deadlines to keep in mind:
- Insurance deadlines: If you need to make a claim through an insurer, the sooner you do, the better. Insurers may have requirements for making claims, and they may try to deny your claim if you wait too long.
- Personal injury protection (PIP) claims: If you are in a car accident, you only have one year from the date of your accident to file a PIP claim with your auto insurance carrier, per Mich. Comp. Laws Ann § 500.3145.
- Wrongful death lawsuits: If a loved one passed away, you may need to file a lawsuit for damages. Like an injury case, you only have three years from the date of the death to file the suit.
Other Michigan case types may have differing statutes of limitation, so it’s best to reach out to a lawyer as soon as you can for help.
Work Within the Statute of Limitations and Speak to Our Injury Lawyers Now
If you have additional questions about the statute of limitations in Michigan and the exceptions to the law, or if you have other questions related to your injury case, get in touch with a highly trained Michigan personal injury lawyer at Christensen Law today.
We offer all injury victims a complimentary case review, where we can discuss the details of your case in greater depth. Take advantage of this opportunity and contact us by calling our office or by filling out the brief contact form included at the bottom of this page.
