Understanding Time Limits in Filing a Lansing Personal Injury Case

If you or your loved one was injured in an accident in Lansing, MI, you may wonder how much time you have to file a personal injury lawsuit in court. The “statute of limitations” refers to a set of deadlines for filing lawsuits that are strictly implemented by the law. It prevents claims from being filed too long after an accident when evidence may no longer be reliable.

Generally, the “legal clock” starts running the moment the accident occurs. Missing the deadline could mean losing the opportunity to seek compensation. Those who plan to file a personal injury lawsuit should act quickly to ensure the case remains valid.

Michigan’s Statute of Limitations of Personal Injury Cases

The Michigan Compiled Laws Section 600.5805 states that a person must file a lawsuit within three (3) years of the date when the injury occurred. The rule applies to most personal injury cases, such as car accidents, slip and fall incidents, and other negligence-related claims. Failure to file within this timeframe will likely result in the court dismissing the case, preventing any recovery of compensation.

Moreover, the family of the person who died has three (3) years from the date of death to bring a lawsuit in wrongful death situations. Families have this amount of time to look into the facts surrounding the death of their loved one and develop a case against the at-fault party.

Exceptions to the General Rules

While the three-year rule applies in most cases, there are some exceptions where the statute of limitations may be extended or shortened. These exceptions include:

Minors or Legally Incompetent Individuals

If the injured person is under 18 years old or mentally incompetent at the time of the accident, the statute of limitations may be extended. In these situations, they have one year to file a case once the legal disability is removed. This gives people who were previously unable to bring a lawsuit the chance to pursue justice.

Medical Malpractice Cases

If an injury results from medical malpractice, the affected individual generally has two years from the date of the incident or six months from discovering the injury (whichever is later) to file a lawsuit. This exception acknowledges that medical errors are not always immediately apparent and ensures patients have enough time to realize their injuries and take legal action.  A trusted medical malpractice law firm in Lansing, MI can help make sure that you don’t miss any deadlines.

Claims Against the Government

If an injury was caused by a government entity or employee, special rules apply. The case must be brought within two years of the harm, and a notice of claim must be submitted within 120 days of the incident. The need for swift legal action in matters involving public institutions is highlighted by this shortened time frame.

Discovery Rule

In some cases, an injury is not immediately obvious. The statute of limitations may start on the date the injury was found or reasonably should have been discovered if it is not discovered immediately. The discovery rule is common in cases involving toxic exposure or latent medical conditions.

Defendant is Absent in Michigan

The deadline clock does not run while the defendant is not in Michigan when the plaintiff is hurt or if they leave the state after the plaintiff is hurt and are gone for longer than two months. This extension is only applicable if the complainant is unable to serve the defendant with the lawsuit due to their non-attendance in Michigan. To put it another way, if a court later determines that the claim could have been served even if the defendant was away, the statute will run in their absence.

Fraudulent Concealment

There are situations where the defendant dishonestly hides the victim’s personal injury claim or the identity of someone who may be held legally liable for it. The law in Michigan frowns upon fraudulent concealment and gives the victim more time to file a case. The complainant can file a lawsuit within two (2) years after learning about the claim—or should have learned—or who might be at fault.

Since these exceptions can be complicated, speaking with a personal injury lawyer is recommended to determine if they are applicable. A seasoned attorney can help injured persons ensure all deadlines are met.

Frequently Asked Questions

How Can a Car Accident Lawyer in Lansing, MI Help?

Navigating personal injury claims can be overwhelming. Plaintiffs have to deal with many things, including their medical bills, lost wages, and insurance companies. A skilled car accident lawyer in Lansing, MI can:

Contact The Clark Law Office Today

For years, The Clark Law Office has helped car accident victims get the financial compensation that they deserve. In handling personal injury cases, we help ensure clients receive the guidance and support needed throughout the legal process.  Contact a trusted attorney in Lansing at The Clark Law Office today for a free initial consultation to understand your legal rights and options. Call us now to schedule an appointment.