If you or a loved one has been injured due to someone else’s negligence, it’s important to act swiftly to protect your rights. Michigan law sets strict time limits, known as statutes of limitations, for filing personal injury lawsuits. Missing these deadlines can prevent you from recovering the compensation you deserve. Here’s what you need to know about Michigan’s time limits on personal injury cases and how to ensure your claim is filed on time.
What Are Statutes of Limitations?
A statute of limitations is the legally defined window of time you have to initiate a lawsuit. These laws are in place to encourage timely filing and ensure evidence remains fresh. If a case is filed after the deadline, the court may dismiss it entirely, leaving victims without recourse to recover damages.
For personal injury cases in Michigan, understanding these deadlines is critical to safeguarding your rights and ensuring your case can move forward.
Michigan’s Time Limits on Personal Injury Claims
The exact time limit for filing depends on the type of personal injury claim:
1. General Personal Injury Cases
If you are filing a claim for injuries caused by the negligent actions of another party (e.g., a car accident, slip-and-fall, or medical error), Michigan law states you must file your lawsuit within three years from the date of the injury. This applies whether you’re seeking compensation for physical injuries, emotional pain, or property damage.
2. Wrongful Death Cases
If a loved one has tragically lost their life due to someone else’s negligence, the statute of limitations is generally three years from the date of death, not the date of the accident. Families or individuals filing wrongful death lawsuits should be mindful of this timeline to recover damages for funeral costs, medical bills, and loss of companionship.
3. Medical Malpractice
Medical malpractice cases in Michigan have a more nuanced deadline. Victims generally have two years from the date of the malpractice to file a claim. However, if the injury was discovered later, the statute allows an additional six months from the date of discovery—but it must be within six years from the original incident.
4. Government Liability Claims
If your injury involves a government entity, such as a slip-and-fall on public property or an accident involving a government vehicle, shorter deadlines may apply:
- Typically, you must provide notice of intent to sue within just 120 days.
- Lawsuits against government entities must be filed within six months to two years, depending on the specifics of the case.
Why Time Matters
Failing to adhere to these statutes of limitations can have serious consequences. Filing even one day late may result in your case being dismissed, meaning you cannot recover compensation for medical expenses, lost wages, or pain and suffering. Acting quickly also helps preserve evidence and strengthens your case. Key witnesses, medical records, and other crucial details are best gathered as soon after the incident as possible.
If you’re unsure about your deadline or believe the clock is running out, consulting an experienced personal injury attorney as soon as possible is essential.
What If You Don’t File in Time?
If the statute of limitations expires, courts will typically bar your claim entirely, meaning you cannot pursue compensation. While there are very limited circumstances where courts extend filing deadlines—for instance, if the victim is a minor or if fraud on the defendant’s part delayed discovery of the injury—we strongly recommend avoiding the need for exceptions by filing promptly.
An attorney can help review your case and determine if extenuating circumstances apply, but the best way to protect your rights is by addressing your claim immediately.
How St. Clair County Personal Injury Lawyers Can Help
Navigating Michigan’s personal injury laws and deadlines can feel overwhelming, especially while recovering from an injury. A seasoned personal injury attorney acts as your advocate, ensuring all paperwork is filed correctly and on time. They’ll also investigate your case thoroughly, negotiate with insurers, and fight to secure the maximum compensation you’re entitled to.
At Rowling, Partipilo & Winston, we understand the burdens injury victims face, from physical pain to financial challenges. We’re here to guide you every step of the way, keeping your best interests at the forefront and ensuring your case proceeds without delay.
If you’ve been injured due to someone else’s negligence, don’t wait until it’s too late.
Reach out to us at (810) 676-9447 today for a free consultation and start your recovery from life-changing injuries.