HOW LONG DO I HAVE TO FILE MY PERSONAL INJURY CLAIM?
Accident victims have a limited time frame to file their personal injury claims in Michigan, known as the statute of limitations. Put another way, the statute of limitations sets a time limit after an injury or property damage occurs in which a civil claim must be filed. Failure to file within this time frame could mean losing your right to be heard by a Michigan court altogether. The statutes are designed to encourage people to file their lawsuits in a reasonably timely manner so that evidence is not lost and memories do not become stale.
Typically, the statute of limitations begins to run when the “cause of action arises.” This simply means that the clock starts ticking when the accident happens or injury occurs. Under Michigan law, there are different time limits for different types of cases:
Personal injury negligence claims, i.e. Car & Truck Accidents, slip and falls, must be filed within three years from the date of the accident; Michigan Automobile No-Fault Claims generally must be filed within one year of the date of the accident or if notice has been given to the insurer or payment made, within one year of the most recent allowable expense; Medical malpractice claims must be filed within two years of the date of the negligence; Wrongful Death Claims will depend on the underlying theory of liability.
It is important to note that the time frames listed above are the general rule and many times there may be exceptions that apply.
The deadlines for filing lawsuits may seem straightforward but can quickly become complicated. At The Law Office of Joumana Kayrouz, our reputable and hard-working Michigan personal injury lawyers are committed to resolving your case in a timely manner. You can rest assured that we will scrutinize the facts of your case and help you get the compensation you deserve for your harm. To speak to a skilled lawyer about your legal concerns, please feel free to call us at 248-557-3645 or contact us online.