How Long Do You Have to File a Personal Injury Lawsuit in Michigan?
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If you were injured in an accident in Michigan, you may be dealing with medical bills, pain, and stress. We are here to protect your rights and support your recovery.
Personal injury law is a legal structure that helps individuals to seek financial compensation when they have been harmed due to another’s individual negligence or intentional misconduct. Even though it may seem easy, it is not.
Navigating these legal affairs can be challenging without the right guidance. A Michigan personal injury lawyer can assess victims through the legal process and ensure they do not miss critical deadlines.
Before explaining the legal procedure for filing a personal injury lawsuit, it is important to understand the definition of this specific type of incident. At its core, personal injury law deals with situations where someone acts recklessly, causing harm to another individual. Whether it is a car crash, a fall on an unsafe property, or an injury caused by a defective product, these incidents fall under the broad umbrella of personal injury cases.
What Is the Statute of Limitations for Personal Injury in Michigan?
The Michigan statute of limitations for personal injury cases works differently compared to other states. The legal time limit for filing a lawsuit after someone has been harmed due to another’s negligence is three years, and, once past that deadline, victims will not be able to pursue the claim, and it will likely be dismissed, regardless of the nature or impact of the accident. This is why consulting a Michigan personal injury attorney as soon as possible is essential.
This rule applies to most of the personal injury claims, such as:
Car accidents
Slip and fall incidents
Dog bites
Medical malpractice
Product liability
Assault or battery
In addition to keeping track of the three-year mark is important, there are a few exceptions that may extend or shorten the statute of limitations depending on the circumstances of the case. Some of those rules are the following:
1. Discovery Rule
In some cases, the injury may not be immediately apparent. Therefore, Michigan law allows the statute of limitations to begin when the injury is discovered or, at least, when it should be discovered. This is a common situation in medical malpractice cases, where symptoms arise months or years after the incident.
2. Minors
If the injured person is a minor (under 18 years old) at the time of the incident, the statute of limitations is generally paused until their 18th birthday. From that point onwards, they typically have one year to file a claim, regardless of the time that has passed since the incident.
3. Mentally Incapacitated Victims
If the injured person is mentally incapacitated due to the accident, the statute of limitations may be tolled until they regain capacity. This exception is complex because it requires extensive physiological evaluation to determine cognitive capacity before and after the accident.
4. Government Claims
If a victim is filing a claim against a company, employee, or even a government agency, they face shorter deadlines. For instance, they may need to file a notice of intent within 60 to 180 days. Failing to meet these requirements could exempt them from continuing with the lawsuit. That is why a Michigan personal injury lawyer can help navigate these more complex situations.
Why Timing Matters and When Does the Clock Start
There is no time to waste when facing a personal injury lawsuit. Usually, the clock starts on the date the injury happened, also known as the date of accrual. From that moment, victims will begin their legal journey to seek compensation. Otherwise, failing to file your lawsuit within the statute of limitations can have irreversible consequences for the case, such as:
The claim is most likely to be automatically dismissed
Victims will lose the right to seek compensation for medical bills, lost wages, pain, and suffering
If dealing with an insurance company, they are less likely to settle if they know victims can’t take them to court
Despite the shock and stress of the situation, acting fast is key, since this gives your attorney a better chance to gather strong evidence and speak to witnesses for building the case. Working with an experienced personal injury lawyer based in Michigan can be extremely helpful in these situations.
Here’s a step-by-step list of what you should do after an accident caused by someone else:
Right after the accident, seek medical attention and document your injuries. Your lawyer will use this documentation to establish the link between the accident and your harm.
Report the incident to the proper authorities (police, employer, property manager, etc.). This information is crucial evidence.
Be mindful of your health, but try to gather evidence, including photos, witness statements, and accident reports.
Avoid discussing the case on social media to prevent anything that can potentially be used against you.
How a Michigan Personal Injury Lawyer Can Help
As explained before, pursuing a personal injury lawsuit involves an immensely complex process, filled with numerous intricate details that can be challenging for a regular citizen to understand. Mixed with the trauma and uncertainty experienced by victims, it is evident that navigating this path to a successful resolution will be anything but straightforward.
Attorneys experienced in Michigan personal injury law know the nuances of local statutes and court procedures. Having one by your side can increase your chances of a positive outcome. Here are some reasons for working with them:
Accurate case evaluation and personal assessment
Assistance in gathering important evidence
Negotiation with insurance companies
Court representation if a fair settlement is not reached
Tracking and meeting all critical deadlines
Even though Michigan’s personal injury laws are designed to protect victims, they only work if you take action within the allowed timeframe. Whether they have been hurt in a car accident, suffered from medical negligence, or experienced a slip and fall, do not delay seeking legal guidance. Failing the statute of limitations can mean missing out on the compensation victims rightfully deserve.
If you or a loved one has suffered an injury, it is crucial to contact an experienced personal injury lawyer in Michigan without delay. Firms like Christopher Trainor & Associates are here to guide you through these difficult times, valuating your case, meticulously determining your applicable deadlines, and assisting you in pursuing the full compensation required for your recovery and future well-being.
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