If you were seriously hurt through no fault of your own, it’s wise to call an attorney as soon as possible. Should the opposing party dispute liability or otherwise prove uncooperative, you may have no choice but to enter litigation—and in Michigan, there are strict time limits for filing personal injury lawsuits.
Let’s take a look at the various deadlines that apply to personal injury lawsuits in the Great Lake State:
1. Car Accident Suits
If you intend to seek no-fault benefits from your own auto insurer, you have one year to submit an application. If, on the other hand, you want to file a third-party claim with the liable party’s insurer, you have up to three years to do so.
This three-year deadline also applies to claims arising from dog attacks, defective products, slip and falls, and other accident scenarios. If the injured party was a minor when the cause of action occurred, however, he or she has until his or her 19th birthday to file a suit.
2. Wrongful Death Suits
Michigan’s standard statute of limitations for wrongful death suits is two years from when the personal representative of the deceased’s estate issues the letters of authority; however, the suit cannot be filed more than three years after the date of death, regardless of when probate commenced.
3. Medical Malpractice Suits
Victims of medical malpractice generally have two years from when they received substandard care—or six months from when the cause of action was discovered or should have been discovered—to file a formal lawsuit. Since the statute of repose is six years, though, you cannot proceed to court more than six years after the malpractice occurred, regardless of when the cause of action became apparent.
It’s worth noting that exceptions apply to victims who are minors. If the patient was younger than 8, the statute of limitations expires when he or she turns 10. If the victim was younger than 13 and suffered a reproductive injury, the filing deadline is his or her 15th birthday.
4. Government Suits
If you intend to sue a government agency, you must abide by much shorter filing deadlines. Regardless of whether you’re proceeding with a car accident claim, wrongful death claim, or medical malpractice claim, you must notify the appropriate entity within just 120 days.
The government agency will then review your claim. If they deny it, you have two years from when the cause of action occurred to file a formal lawsuit.
Call (248) 385-5704 to Speak with a Personal Injury Attorney in Detroit
If you were hurt in some kind of preventable accident and you want to hold the liable party financially accountable, turn to Seva Law Firm. Our resourceful team has taken numerous cases to trial and won.
By letting us handle the logistics of your claim, you can focus on more important matters, like making a full recovery. Call (248) 385-5704 or use our Online Contact Form to set up a free consultation with a personal injury lawyer in Detroit.