What Is the Statute of Limitations?
The statute of limitations is a legal term that describes the maximum amount of time a person has to take legal action. It’s an important concept to understand because if you wait too long, you could lose your right to compensation.
The statute of limitations varies by state as well as the type of claim. Not all personal injury cases have the same filing deadlines. In most situations, the statute of limitations begins on the date that the injury occurred. However, if an injury was not immediately apparent, the clock may start on the date the injury was discovered. Let’s take a closer look at common filing deadlines and possible exceptions under Michigan law.
The Statute of Limitations in Michigan Personal Injury Cases
Below, you’ll find a table outlining general deadlines for specific types of personal injury cases in Michigan. Most of these can be found in MCL 600.5805. It’s important to note that these are general rules. Different timelines may apply for certain claims, such as those involving minors or government agencies.
| Case Type | Filing Deadline | Statute | Details |
|---|---|---|---|
| General Personal Injury | 3 years from the date of injury or death | MCL 600.5805(2) | This is the most common deadline for personal injury cases. It applies to falls, dog bites, and general negligence claims. |
| Motor Vehicle Accidents | 3 years from the date of the accident if you meet the injury threshold needed to file an at-fault claim | MCL 600.5805(2) | Your initial application for PIP benefits must be made within 1 year of the accident. Claims for unpaid expenses must be made within 1 year of the date of service (MCL 500.3145(2)). |
| Medical Malpractice | 2 years from the date of the act/omission or 6 months from the date the error is discovered, whichever is later | MCL 600.5805(8) MCL 600.5838a(2) | Under the statute of repose, you cannot bring a claim for a medical error occurring more than 6 years ago. Possible exceptions exist for reproductive harm or fraudulent concealment. Additionally, you must provide Notice of Intent 182 days before filing a lawsuit. The provider then has 154 days to respond. |
| Product Liability | 3 years from the date of the injury | MCL 600.5805(12) | Under product use provisions, it’s more difficult to prove that the product is defective if it’s more than 10 years old. |
| Assault or Battery | 2 years for most cases | MCL 600.5805(3) | This deadline increases to 5 years for domestic violence or 10 years for injuries related to sexual abuse. |
| Wrongful Death | 3 years from the date of death | MCL 600.5805(2) | If the underlying claim has a shorter statute of limitations, such as medical malpractice, that time limit may apply. |
| Claims Against the Government | Varies, typically 2 years | MCL 691.1411(2) | Generally, you must provide advance notice of your intent to sue within 120 days of the injury. |
NOTE: The statute of limitations is a complex legal area with many specific rules and exceptions. If you miss a deadline, you will almost always lose your right to compensation. This information is for general informational purposes only and is not legal advice. Anyone who has suffered an injury should consult with a qualified Michigan personal injury attorney as soon as possible for advice specific to their case.
Possible Exceptions to the Statute of Limitations
General statutes of limitations listed above apply to most personal injury cases in Grand Rapids and West Michigan, but there are some exceptions that can pause the deadline or shorten the amount of time that you have to file a lawsuit.
Claims Against the Government
Government entities, such as cities, counties, and public health agencies, are protected from many legal claims due to sovereign immunity. However, agencies are still responsible for injuries related to road hazards, government vehicles, and public buildings under the Michigan Governmental Tort Liability Act (GTLA).
- Shorter Deadlines: For most claims against the government, the statute of limitations is 2 years from the date of the injury per MCL 691.1411(2).
- Advance Notice: In addition to facing shorter deadlines, you must provide advance notice of your intent to sue before filing a lawsuit. This notice must be served within 120 days of the injury or within 180 days if the person was under 18.
Claims Involving Minors or Incapacitated Individuals
Michigan and most other states give minors and incapacitated individuals extra time to file a personal injury lawsuit on the principle that they lack the capacity to make legal decisions and act on their own behalf. In this situation, the deadline is paused, or tolled, until the person’s 18th birthday or until they regain mental capacity. Here’s how this rule works in Michigan.
- General Rule: For most personal injury claims, excluding medical malpractice, the person has 1 year from their 18th birthday or from the date that they regain mental capacity to file a lawsuit per MCL 600.5851(1).
- Exceptions for Medical Malpractice: The rules for medical malpractice are different and more complex. If the injury occurs before the child’s 8th birthday, a lawsuit can be filed any time before the child’s 10th birthday. Otherwise, the 2-year/6-month time limit applies.
What to Do Next
If you have been injured in an accident, it’s important to contact a Michigan personal injury lawyer as soon as possible. Consulting an attorney early in the process protects your rights, ensures you’re aware of applicable filing deadlines, and gives your legal team time to gather evidence and prepare a strong case. For help understanding Michigan’s statute of limitations and how it affects your personal injury case, contact us for a free initial consultation.
