If you’ve suffered an injury in Michigan due to someone else’s actions or negligence, you might wonder if there’s a deadline to take legal action. The answer is yes. This deadline is known as the Michigan statute of limitations for personal injury. It’s a critical legal rule that sets a time limit for filing a lawsuit. If you miss this deadline, you generally lose your right to sue and recover compensation for your injuries.
At The Joseph Dedvukaj Firm, P.C., our personal injury lawyers frequently explain these time limits to clients. Understanding these deadlines is crucial for protecting your rights.
What is a Statute of Limitations?
A statute of limitations is a law that dictates the maximum time after an event (like an injury) within which legal proceedings may be initiated. Once this period expires, the claim is typically barred, regardless of the merits of the case. The “clock” for the Michigan statute of limitations personal injury usually starts running from the date the injury occurred.
General Time Limits for Personal Injury Lawsuits in Michigan
The Michigan statute of limitations for personal injury claims depends on the type of injury and how it occurred. Here are some of the most common timelines:
- General Negligence / Personal Injury (including most Car Accidents): For many common personal injury cases, such as those arising from auto accidents, slip and fall accidents, or general negligence, the statute of limitations in Michigan is generally three years from the date of the injury. (See MCLA 600.5805).
- This also applies to claims for property damage resulting from such incidents.
- Wrongful Death: If an injury results in death, a wrongful death claim must also generally be filed within three years from the date of death. You can learn more about what the wrongful death statute of limitations is in Michigan here.
- Product Liability: If you are injured by a defective product, the statute of limitations for a product liability lawsuit against the manufacturer or seller is typically three years from the date of injury.
- Medical Malpractice: Claims against healthcare providers for medical negligence generally have a shorter statute of limitations in Michigan. Typically, these must be filed within two years of the act or omission that forms the basis of the claim, or within six months of when the malpractice was discovered or should have been discovered, subject to certain overall limits.
- Assault and Battery / Intentional Torts: For injuries caused by intentional acts like assault or battery, the statute of limitations can vary, often being shorter (e.g., two years), but it’s essential to consult an attorney for specifics related to your situation.
Important Considerations and Exceptions to the Rule:
While the above are general rules, there are important exceptions and nuances to the Michigan statute of limitations for personal injury:
- Minors: If the injured person is a minor (under 18 years old) at the time of the injury, the statute of limitations is often “tolled” (paused). They generally have until their 19th birthday to file a claim, though specific rules can apply, especially in medical malpractice cases.
- Mental Incapacity: If an individual is legally deemed mentally incapacitated at the time of injury, the statute of limitations may also be tolled, allowing them a certain period after their capacity is restored to file a claim.
- Discovery Rule: In some limited situations (more common outside of standard negligence, like certain toxic torts or some medical malpractice scenarios), the statute of limitations might not begin to run until the injury is discovered, or reasonably should have been discovered.
- Claims Against Government Entities: If your injury was caused by a governmental entity or employee in Michigan, there are often much shorter notice requirements and different statutes of limitations. For example, you might need to provide formal written notice of your injury within 60 or 120 days. Failure to meet these strict notice deadlines can bar your claim even if the general statute of limitations hasn’t expired. See our information on what to do after an accident involving a government vehicle in Michigan.
Why Acting Promptly is Crucial
Even if you believe you have plenty of time under the Michigan statute of limitations for personal injury, it’s always best to consult with an attorney as soon as possible after an injury. Here’s why:
- Evidence Preservation: Over time, evidence can disappear, witnesses’ memories can fade, and physical conditions (like a hazardous road defect that caused an injury) can be repaired or changed.
- Proper Investigation: A timely investigation is key to building a strong case.
- Negotiation Room: Starting the process early allows more time for negotiation with insurance companies before the pressure of an impending lawsuit deadline.
- Avoiding Mistakes: An attorney can help you avoid common mistakes that could harm your claim, such as those made when communicating with an insurance adjuster.
Don’t Risk Your Right to Compensation
The Michigan statute of limitations for personal injury is a strict rule. Missing the deadline means losing your opportunity to seek justice and compensation for your medical expenses, lost wages, and pain and suffering.
If you or a loved one has been injured in Michigan, contact The Joseph Dedvukaj Firm, P.C. today. Our experienced Michigan personal injury attorneys can evaluate your case, explain the applicable statute of limitations, and help you understand your legal options.
Call now at 248-352-2110 or toll-free at 1-866-HIRE-JOE (1-866-447-3563) for a free consultation. Don’t wait until it’s too late.