If you’ve been hurt in an accident or due to someone’s negligence, many people often wonder: How long do you have to file a personal injury lawsuit in Michigan? This answer will depend on a few things, such as the type of injury case you have.
Michigan has strict deadlines called statutes of limitations. Unfortunately, if you miss them, that can result in the loss of your right to recover compensation. Here is what these deadlines mean for your case.
What Is Michigan’s Statute of Limitations for Personal Injury?
For most personal injury cases in Michigan, such as car accidents, slip-and-fall incidents, dog bites, or wrongful death claims, the statute of limitations is three years from the date of the injury.
If you file one day late, the court will certainly dismiss your case, even if you have solid evidence. While that’s a harsh rule, it keeps cases moving while the evidence is still fresh and the witnesses’ memories are reliable.
Are There Exceptions?
While this three-year rule covers most negligence cases, Michigan law has a few exceptions with shorter or longer timeframes. Some of the most common ones include:
- Medical malpractice: Two years from the date of the malpractice, or within 6 months of discovering it.
- Intentional torts: Two years from the date of the incident.
- Criminal sexual conduct: Victims have 10 years to file a civil lawsuit, or in some cases, until the victim’s 28th birthday.
- Claims against the government: This is a much shorter deadline, requiring a notice of intent to sue within just 120 days or less, depending on the agency.
What Is Tolling?
Michigan law also knows that other circumstances can affect your case. For that reason, the countdown can be paused. This is known as tolling. Some examples include:
- Minors and legally incapacitated people: If the injured person is under 18 or mentally incapacitated, the clock usually does not start until they turn 18 or regain capacity.
- Defendant leaves the state: If the person who caused the injury leaves Michigan after the incident, the time they are gone might not count toward the limitation period.
- Fraudulent concealment: If the defendant actively hides the wrongdoing, the court can allow extra time once the deception is discovered.
What Happens If You Miss the Deadline?
Unfortunately, the courts in Michigan are strict about statutes of limitations. If you miss the filing window, your case will almost always be dismissed.
For this reason, you should act quickly to take legal action. When you work with an experienced personal injury lawyer in Michigan immediately, that can be beneficial for your case. They will make sure to secure all the relevant evidence and make sure all paperwork is filed at the right time.
Tips for Protecting Your Rights
Now that you know you are on a tight deadline, here are a couple of tips to keep yourself on track:
- Don’t assume your case follows the three-year rule: If your injury involves medical treatment, assault, or government entities, your deadline could be shorter.
- Document everything: You want to record when you discovered the injury, when you sought treatment, and who might be at fault, especially if you are relying on the discovery rule.
- Talk to a lawyer early: A Michigan personal injury attorney can calculate your exact filing deadline, collect evidence before it disappears, and handle the paperwork that officially “stops the clock.”
- Act even if you’re unsure: Consulting an attorney does not mean you’re filing a lawsuit tomorrow; this means you are protecting your future options.
We Can Assist with Your Michigan Personal Injury Case
How long do you have to file a personal injury lawsuit in Michigan? In most cases, you have three years to file a personal injury lawsuit. However, certain cases, like medical malpractice or intentional torts, have shorter limits. Even special rules can pause the countdown in limited situations.
If you or someone you love has been injured due to negligence, the Law Office of James Fillmore is ready to assist. Contact us today for a no-obligation consultation. We are here to make sure you don’t miss any deadlines or opportunities to collect compensation for your injuries.
