Michigan Personal Injury Law mandates that a plaintiff must file a lawsuit within a particular timeline after an injury occurs. This timeline is known as the Statute of Limitations. Different types of personal injury claims come under various statutes of limitations in Michigan. It is essential to know the statute of limitations for your type of claim, as missing the deadline could result in the loss of the right to sue forever.
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Understanding the Statute of Limitations
The statute of limitations is essentially a law that specifies the maximum time an individual has to bring a lawsuit concerning his/her legal rights. If a lawsuit is filed after the statutory deadline, the court will usually refuse to hear the case, and the plaintiff will be unable to get the necessary compensation. Therefore, the timing of filing a claim for a personal injury is critical, and the plaintiff must adhere to the specific statute of limitations.
Personal Injury Statutes of Limitations in Michigan
In Michigan, the statute of limitations for personal injury cases varies depending on the type of injury. Some common statutes of limitations for personal injury claims include:
Two Years – Michigan Compiled Laws Section 600.5805
The majority of personal injury actions must be filed within two years of the date of the accident or injury. This two-year period applies to injuries such as:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Wrongful death
One Year – Michigan Compiled Laws Section 600.5805(7)
Personal injury claims arising from a government entity or an employee must be filed within one year of the injury occurrence. This section also includes claims against hospitals managed by the state or funded by the state. Failure to provide notice or file a lawsuit before the statute of limitations expires is deemed to be a forfeiture of the opportunity to bring the lawsuit forward.
Three Years – Michigan Compiled Laws Section 600.5804
The statute of limitations for product liability cases is three years in Michigan. These cases involve claims against manufacturers or sellers of defective products. The three-year period starts from the date of injury or the date on which the injury becomes discoverable.
Exceptions To the Statute of Limitations
Several exceptions can arise, permitting a case to proceed beyond the expiry of the statute of limitations. Exceptions can occur when:
- The victim is mentally insane at the time of the injury
- The defendant lures the victim to a different state to avoid the statute of limitations in Michigan.
- The defendant is not present in the state at the time of injury or for a lengthy time period afterward.
Why Are Statute of Limitations Essential?
The statute of limitations is crucial because it ensures that cases are resolved quickly and efficiently. It makes parties accountable for their actions, and after a specific time period, it becomes increasingly difficult to collect relevant evidence or memories from witnesses related to an injury. Moreover, as time elapses, the danger of fraudulent or frivolous claims increases.
Seeking Legal Help
If you have suffered injustice due to someone else’s negligence or intentional act, you should consult with an attorney to understand your legal rights and the options available. Discussing the deadlines and available limits on the remedies you can expect in a settlement or trial is essential before it is too late. Only an experienced attorney can make specific recommendations on how best to proceed given your options and the timeline available.
Conclusion
In conclusion, it is crucial to remember that the Statute of Limitations is a critical aspect of Michigan Personal Injury Law that determines how long a person has to file a lawsuit. Filing a claim within the specified timeline is essential. Missing a deadline and not observing the statute of limitations specified for your type of case can fully bar you from receiving compensation. Therefore, it is mandatory to consult a personal injury lawyer and take prompt action to protect your legal rights.