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UNDERSTANDING THE STATUTE OF LIMITATIONS IN MICHIGAN PERSONAL INJURY CLAIMS

Published by Bill Laubscher at January 30, 2024

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If you are injured as a result of someone else’s negligence, you may be entitled to compensation from the responsible party. However, it is important to file your claim within the specified time limit for Michigan personal injury cases, otherwise known as the “statute of limitations.” This deadline is so significant that missing it could mean forfeiting the right to damages for the physical and emotional harm you have suffered.

Because these claims involve complicated legal issues, hiring an experienced personal injury attorney is the best way to ensure a successful financial outcome.

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WHAT IS A STATUTE OF LIMITATIONS?

The term “statute of limitations” refers to the legal deadline for filing personal injury claims. Plaintiffs who bring lawsuits after the time limit expires are likely to have their cases dismissed and lose the opportunity to receive compensation.

According to Michigan law, the usual statute of limitations for personal injury claims is three years. The period ends three years “after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”

The law specifically prohibits victims from filing claims to recover damages after the legal time period expires.

However, there are exceptions to this rule that apply under certain circumstances. Therefore, it’s important to consult a qualified personal injury lawyer if you are thinking of filing a slip and fall accident claim.

WHAT TYPES OF PERSONAL INJURY CLAIMS ARE INCLUDED IN THE THREE-YEAR STATUTE OF LIMITATIONS?

Here are the most common types of personal injury claims with a three-year statute of limitations:

Auto accidents
Slip and fall accidents
Dog bites
Motorcycle accidents
Bicycle and pedestrian accidents
Birth injuries
Defective products
Mesothelioma
Nursing home abuse
Medical malpractice

The statutes of limitations may be longer or shorter for cases involving assault and battery, domestic violence and criminal sexual conduct. This is another reason it is wise to contact a qualified personal injury attorney as soon as possible if someone else causes you harm.

DOES THE STATUTE OF LIMITATIONS APPLY TO CRIMINAL CASES?

No. The three-year statute of limitations for personal injury claims applies to civil cases only, where an individual, or their representative, sues the party (or parties) responsible for causing physical and/or emotional harm.

However, a defendant in a civil suit may also face criminal charges for the same incident, such as a drunk driver who caused a serious accident.

In addition, a plaintiff may file a civil personal injury claim regardless of whether the defendant has been criminally charged.

WHEN DOES THE LEGAL TIMER START IN A PERSONAL INJURY CASE?

The legal clock starts ticking on the day the accident or injury occurred and expires three years from that date. Every calendar day counts, including weekends and holidays.

The law includes exceptions to the three-year time limit in certain situations, including claims involving minors and injuries or damage occurring on government property. (See below).

However, regardless of the circumstances, it is best to contact an experienced personal injury attorney as soon as possible instead of waiting until the statute of limitations is about to expire.

ARE THERE EXCEPTIONS TO THE THREE-YEAR FILING DEADLINE FOR PERSONAL INJURY CLAIMS?

Yes. Michigan law includes exceptions to the three-year statute of limitations in certain situations:

Victims under 18

Accident victims who were minors (under 18) at the time they were injured have one year from their 18th birthday to file a lawsuit. However, because delaying legal action is not recommended (see above section), it’s preferable for the minor’s parent or guardian to file on their behalf.

Victims with “mental derangement”

The statute of limitations may be extended when a victim has “a condition of mental derangement” that prevents them from understanding their rights and acting accordingly. The filing deadline may be extended regardless of whether the person is declared legally insane.

Defendant is unavailable

The three-year time period may not apply if the person believed to be responsible for the accident or injury has left the state and cannot be served. If the defendant is absent for more than two months, the statute of limitations is likely to be extended.

For one thing, the sooner your lawyer files your claim, the sooner you will receive the compensation you’re entitled to. Once your case is started, the ensuing legal process can be lengthy. It takes time for your lawyer to obtain the medical records and other information that is necessary to win your case.

In addition, as time goes by, evidence can disappear and witnesses’ memories may fade. Furthermore, if you were injured on property occupied by a business, it’s possible the business could be defunct and the owner no longer available if you wait too long.

CAN I FILE A PERSONAL INJURY CLAIM AFTER THE STATUTE OF LIMITATIONS EXPIRES?

In most cases, claims filed after the three-year statute of limitations expires are likely to be dismissed – unless one of the above exceptions applies to the situation.

Victims may still attempt to negotiate a settlement with the responsible party after the statute of limitations expires. However, their leverage is diminished without the possibility of legal recourse if the negotiations are unsuccessful.

Therefore, calling an experienced personal injury attorney as soon as possible is the best way to receive the compensation you deserve.

IS THE TIME LIMIT DIFFERENT FOR INJURIES ON GOVERNMENT PROPERTY?

Generally, yes. The statutes of limitations for most government claims are typically shorter than the three years allowed for standard personal injury claims. Plaintiffs have six months to file claims against a state government agency, or 120 days for claims involving defective highways or public buildings. If the claim is denied or ignored, the statute of limitations is extended to two years.

In addition, some individual jurisdictions have their own filing deadlines, so it is best to find out the statute of limitations for the locale where the injury or damage occurred.

Furthermore, the majority of federal, state and local entities are protected from liability by the concept of governmental immunity. This makes it difficult to recover compensation if you injured in a slip and fall accident on public property or your car is damaged by a pothole or other hazard on a public highway.

Nevertheless, it is possible to receive compensation for accidents on government property. Because the rules for these claims are so complex, hiring a skilled personal injury attorney is the best way to ensure a successful financial outcome.

CALL OUR EXPERIENCED PERSONAL INJURY ATTORNEYS TO START YOUR CASE TODAY

If you are injured in a slip and fall accident or automobile crash caused by someone’s else’s negligence, contact us immediately. we will fight to win the compensation you deserve.

Personal injury law is complicated, but finding the right personal injury attorney is simple.

Don’t let the legal clock expire. Start your case today by filling out the brief form below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

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