When you’re seriously injured due to someone else’s negligence, they should be held accountable, including compensating you for your injuries and the resulting losses. However, if you wait too long and attempt to file a lawsuit after the statute of limitations expires, your case will go nowhere. Michigan’s statute of limitations includes some important exceptions, and a personal injury lawyer can explain if they apply to your case.
Michigan law, outlined in Mich. Comp. Laws Ann. § 600.5805, allows personal injury victims three years from the accident date to file a lawsuit. Though three years might seem sufficient, many times people let it expire. For example, you may have thought your injuries were minor and you did not pursue legal action, but several years later you are still treating for the pain, and perhaps surgery becomes necessary. This is not unusual. If the deadline passes, the court will bar your case, leaving you without any way to obtain justice.
To ensure you stay within the statute of limitations, consult an attorney who can help you determine when the clock started ticking. Seeking prompt medical attention after an accident is also vital to safeguard your right to compensation and establish a clear medical record.
Filing a Lawsuit isn’t Always Necessary
Not every personal injury case ends up in court. Some cases are settled through negotiations with insurers before reaching trial. However, you shouldn’t assume this will happen in your case. Sometimes, insurers refuse to settle fairly, requiring you to pursue a trial to seek adequate compensation. If your case may go to court, finding a law firm committed to representing you through the entire process is essential, even if it ultimately doesn’t go to trial.
Exceptions to the Statute of Limitations in Michigan
Michigan law includes exceptions to the standard three-year limitation, which may allow for a delayed start:
- Mental incapacity (the ‘insanity’ provision): If a victim has a mental health condition that prevents them from understanding that they may have a claim, they have one year from the date they’re deemed “sane” to file. In this context, insanity means an inability to understand one’s rights.
- Children: When the injured person is under 18 at the time of the accident, the statute doesn’t start until they turn 18. They then have one year to file their claim. These exceptions can be complex, making it crucial to consult an attorney who can determine if they apply to your specific situation.
Unsure if exceptions apply to your case? Schedule a free consultation with our experienced lawyers to protect your rights and explore your options.
Additional Deadlines for Michigan Personal Injury Claims
Time sensitivity extends beyond the statute of limitations for filing a lawsuit. There are other deadlines you should keep in mind:
- Insurance claim deadlines: Insurers have their own timelines for filing certain claims. Waiting too long might allow them to deny your claim.
- Personal Injury Protection (PIP) claims: If you’re injured in a car accident, you have one year from the date of the accident to file a PIP claim with your auto insurer under Mich. Comp. Laws Ann § 500.3145.
- Uninsured and Underinsured Motorist Claims: Many insurance policies set a shorter statute of limitations for these types of claims, and they may also require you to inform them of the claim (give “notice”) very quickly after the accident.
- Wrongful death lawsuits: If you’re pursuing a claim due to a loved one’s death, Michigan allows three years from the date of death to file.
Seek Legal Help as Soon as Possible
Given the various timelines and exceptions, it’s best to seek legal advice early. A knowledgeable personal injury lawyer can ensure your case meets all deadlines, apply any relevant exceptions, and help you pursue fair compensation for your losses. Don’t wait until it’s too late —acting quickly may improve your chances of a successful claim.
Contact Christensen Law today to ensure your case meets Michigan’s statute of limitations and you get the compensation you deserve.
