Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Detailed Answer
In Michigan, you generally must file a personal injury lawsuit within three years of the accident date. Under Michigan statute MCL 600.5805(2), “All actions to recover damages for injury to a person … shall be commenced within 3 years after the claim accrues.” Your claim accrues on the date you suffer injury or harm.
General Three-Year Rule
Count three years from the accident date. If you file after that period, courts will likely dismiss your case without considering its merits.
Common Exceptions
- Minors: If the injured person is under 18, Michigan extends the deadline until their 19th birthday.
- Government Claims: When a state or local government entity causes harm, you must file a notice of intent within six months under MCL 600.6431.
- Medical Malpractice: A two-year deadline applies under MCL 600.5805(6), with a maximum of three years from the date of treatment.
- Discovery Rule: In narrow circumstances, Michigan courts may apply a discovery rule under MCL 600.5838 if you could not reasonably know of your injury when it occurred.
Missing a deadline almost always means losing your right to sue. Act early to preserve your claim.
Helpful Hints
- Write down the date and details of your accident immediately.
- Keep all medical records, bills, and correspondence in one place.
- Collect witness names and contact information soon after the incident.
- Contact an attorney well before the deadline—many need at least 30 days to prepare.
- Ask your attorney about any tolling provisions that could extend your filing period.