Understanding Michigan’s Statute of Limitations for Personal Injury Claims: Key Deadlines and Exceptions
Key Takeaways
- Statute of Limitations: In Michigan, the general statute of limitations for personal injury claims is three years from the date of injury.
- Exceptions: Special circumstances, such as cases involving minors may alter the timeframe.
- Motor Vehicle Crashes: Personal injury claims resulting from motor vehicle crashes while adhering to the general Michigan personal injury Statute of Limitations, have additional considerations.
- Urgency: Filing within the legal timeframe is crucial to preserving your right to compensation
What Is the Statute of Limitations for Personal Injury Claims in Michigan?
The statute of limitations for personal injury claims in Michigan is typically three years from the date of the injury. This means that if you suffer an injury due to someone else’s negligence, you must file your lawsuit within this three-year window. Failing to do so can result in losing your legal right to seek compensation. However, some cases, such as those involving minors other circumstances, may have different limitations periods, making it essential to consult with a legal professional to understand your specific situation. When you’ve been injured due to someone else’s negligence, knowing the legal timeframe to take action is critical. In Michigan, the law sets specific deadlines, known as the statute of limitations, for filing personal injury claims. Understanding these deadlines is essential for ensuring your right to compensation is protected. Filing too late can permanently bar you from seeking justice, no matter how severe your injuries are.
The General Rule: Three Years to File
In Michigan, the general statute of limitations for personal injury claims is three years. This period begins on the date of the injury. Whether it’s a car accident, slip and fall, or any other type of personal injury, this three-year window is your opportunity to file a lawsuit against the party responsible for your injuries. The clock starts ticking as soon as the injury occurs, and once the three-year period ends, you may lose your right to take legal action. This includes cases of wrongful death.
The Statute of Limitations for Motor Vehicle Cases
Motor vehicle accidents, including car, truck, and motorcycle crashes, fall under Michigan’s general three-year statute of limitations for personal injury claims. In addition to the three-year statute of limitations, auto accidents also adhere to the one-year-back rule. This rule refers to claims for no-fault benefits, including:
- Medical expenses
- Wage loss benefits
- Survivor’s loss benefits
This requires a lawsuit to be filed one year from the date the expense occurred or be barred from legal action toward compensation. This period begins on the date of the accident, making it crucial to act quickly.
Exceptions to Michigan’s Stature of Limitations for Personal Injury Claims
While the three-year limit is the general rule, there are important exceptions that can extend or shorten the filing period:
- Minors: If the injured person is a minor, the statute of limitations is extended, and they have until the child’s 18th birthday, plus one year to decide if they want to file.
- Other case types and entities: Other exceptions to this statute of limitations do exist, and can vary depending on the claim and the circumstances. More information can be found here.
Why Acting Quickly Is Important
Understanding and acting within the statute of limitations is critical, but so is gathering evidence and building a strong case. Evidence can deteriorate, and witnesses’ memories can fade over time. These can all be really important matters, in cases where liability is contested, or in dispute. The sooner you contact a personal injury attorney, the better your chances of building a compelling case that can secure the compensation you deserve.
Know your rights regarding Michigan’s Statute of Limitations for Personal Injury Claims
The statute of limitations is a fundamental aspect of Michigan personal injury law that you cannot afford to ignore. Whether you’ve been injured in an accident or are dealing with the consequences of medical malpractice, understanding these legal deadlines is essential to preserving your right to seek compensation. Learn more about Sinas Dramis Law Firm’s education on this topic by following this link.
For over 70 years, Sinas Dramis Law Firm has been a steadfast advocate for the injured in Michigan. Our deep commitment to justice is rooted in our passion as attorneys living in and serving our communities. We understand the unique challenges our clients face, and we work tirelessly to ensure their rights are protected. If you’ve been injured, trust a law firm that has built its reputation on decades of dedicated service and a relentless pursuit of justice for those in need. Contact Sinas Dramis for a free personal injury consultation.