Attorney Aaron R. Martinez | Michigan Attorney | Personal Injury | Criminal Defense | Politics & Elections

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Personal Injury Statute of Limitations

If you've been injured due to someone else's negligence, it's crucial to understand the statute of limitations for filing a personal injury lawsuit. A statute of limitations sets a strict legal deadline for a plaintiff to file their case in civil court. Miss the deadline, and you'll likely be barred from recovering any compensation.

In Michigan, the main statute governing personal injury cases is MCL 600.5805, which states: "A person shall not bring or maintain an action to recover damages for injuries to persons or property unless...the action is commenced within the periods of time prescribed by this section...(1) The period of limitations is 3 years after the time of the...injury for all other actions to recover damages for injury to a person or property."

So in general, you have 3 years from the date of injury to file a personal injury lawsuit.

Exceptions
However, there are some important exceptions:

  • For medical malpractice claims, MCL 600.5805(8) sets a 2-year limitation period from the date the claim accrued, with a 6-year outer limit in most cases under MCL 600.5838a. -

  • For minors, MCL 600.5851(1) pauses the statutory clock until they turn 18. -

  • If the defendant left Michigan after the claim accrued, MCL 600.5853 allows excluding that time from the limitations period.

  • The "discovery rule" under MCL 600.5827 is also key. This can delay the start of the limitations period until the plaintiff discovered or should have discovered the injury and its possible cause.

  • There are also special shortened deadlines for claims against governmental entities under the governmental immunity statute MCL 600.6431 and MCL 600.6452.

Determining exactly when a statute of limitations period begins can be quite complex based on the facts. That's why it's critical to consult an experienced personal injury lawyer as soon as possible after any accident or injury. Most firms provide free consultations to evaluate your situation and ensure you don't inadvertently miss a filing deadline.

The statute of limitations is a strict, unforgiving rule. Courts have no discretion to extend the deadline, even for sympathetic cases. Defendants routinely raise this as an affirmative defense to try getting cases dismissed. So plaintiffs must get out ahead of this issue from the very start. Don't let your right to justice and compensation slip away due to a missed deadline. Protect yourself by learning about this crucial area of law and working with qualified legal counsel.

CALL AARON TODAY
Get a head start on your statute of limitations - DON’T WAIT. Call (877) AARON-4U to get your free consultation with Attorney Aaron Martinez.