Personal injury claims leave you with a long to-do list. From getting medical treatment to finding the right attorney, you’d be surprised how fast time passes. With so much to do and the accident fresh in your mind, you shouldn’t let your case sit too long before you file.
If you wait too long, you could ruin your chances for recovery. Knowing your deadline ensures you get everything you’re owed to cover your damages.
How Long Do You Have to File a Personal Injury Claim?
According to Michigan Compiled Laws section 600.5805, the statute of limitations for personal injury claims is three years after an injury or death. This statute applies to most personal injury cases.
However, you might have been diagnosed with injuries related to your accident later. In that case, contact your personal injury attorney for legal support.
What About a Medical Malpractice Claim?
Although most personal injury claims abide by the Michigan personal injury statute of limitations, if you are a victim of medical malpractice, the statute of limitations is not the same. According to Michigan Compiled Laws section 600.5805(8), the statute of limitations for medical malpractice lawsuits is generally two years from the date of the medical mistake.
However, suppose more than two years have passed since the incident, but you were unaware of the mistake. In that case, according to Michigan Compiled Laws section 600.5838a(2), you have just six months from the date you should have reasonably known of the medical error.
Additionally, all medical malpractice lawsuits in Michigan must be filed within six years of the medical mistake, no matter what.
What Happens If Don’t File in Time?
If you attempt to file a personal injury lawsuit once the three-year statute of limitations has expired, the defense will likely file a motion to dismiss your case. Unless the court finds that you are granted an exception, they will almost certainly have no choice but to grant the defendant’s motion to dismiss your case.
Are There Any Exceptions to The Statute of Limitations?
There are exceptions to the statute of limitations according to Michigan law. This means in specific scenarios, the statute of limitations can be temporarily stayed or stopped. The exceptions to the statute of limitations for Michigan personal injury claims could include the following:
- Injury victims who were minors or individuals under 18 at the time of their accident have the duration of their childhood, plus one year from their 18th birthday, to file their personal injury lawsuit.
- If the injured person is considered insane according to Michigan law, the statute of limitations will extend to one year from the date they are no longer considered legally insane.
- In the event the liable party flees or leaves the state of Michigan before the personal injury lawsuit has been filed and is expected to remain out of the state for more than 60 days, the amount of time the defendant is out of state will not be considered a part of the two-year statute of limitations since the liable party cannot be served from out-of-state.
Contact a Michigan Personal Injury Attorney for Help Today
Do you have concerns that the statute of limitations may be rapidly approaching? Are you anxious to get started on your case and avoid issues with the statute of limitations in the future?
If so, reach out to our experienced Michigan personal injury attorneys at Davis Injury Lawyers, PLLC. Fill out our online contact form or call our office at (313) 462-7979 to schedule your no-cost, risk-free consultation today.