After a traumatic accident, it’s normal for us to focus on our recovery and not be too focused on the legalities of it all. Unfortunately, there is a legal deadline to file a claim for personal injuries in Michigan, so it’s important to stay as on top of your case as you can. Missing that deadline can completely prevent you from receiving any form of compensation, despite how strong the case might be.
Michigan’s Statute of Limitations
The term “statute of limitations” is often thrown around, and the basic meaning of it is the maximum amount of time that has been legally set for victims to file their claims. According to Michigan law, the state gives victims of personal injury three years from the date of the injury to file. Specific injuries that this includes are car accidents, slip-and-fall injuries, dog bites, and general negligence claims.
It is also key to note that filing your claim regarding your case is different than filing an insurance claim. An insurance claim is typically an informal request that you would make to an insurer after your accident, whereas your lawsuit is a formal legal action that is filed with the courts.
Michigan’s Auto Accident Claims
Michigan operates as a no-fault insurance state. This means that no matter who was at fault for the accident, your insurance company will assist in paying for your medical bills.
No-fault insurance is also commonly referred to as PIP (personal injury protection). This can be used by everyone involved in the accident, not just the driver. The caveat is that it does not cover every aspect related to the accident, and you must file your PIP with your insurer within one year of the accident to receive coverage for things like medical bills. If you miss that one-year deadline, this can bar you from receiving any form of benefit whatsoever.
If you decide to file a lawsuit against an at-fault driver, this still must be filed within three years of the accident as that statute of limitations still applies.
Claims Involving Government Entities
If you are planning on filing claims against a city, county, or any type of state agency, there are typically much shorter notice rules. Many of them require notice between 60 and 120 days from the accident, so it’s essential to check your city/county rules as soon as possible. Failing to meet those deadlines is also grounds for complete dismissal of those claims.
Exceptions That Can Extend or Pause the Deadline
There are situations that can pause the statute of limitations, but they are limited. Examples would include injuries involving minors, mental incapacity, or if discovery is delayed by the jury. These examples are all considered uncommon and are not always guaranteed. This is why relying on extensions and not seeking legal advice can be risky for your case.
What Happens if You Miss Filing Deadlines?
Typically, courts will dismiss any cases that have been filed late automatically. Once the deadline passes, insurance companies are also not required to negotiate any benefits, no matter how serious the injury might be. This highlights how important staying on top of these deadlines truly is, and that getting everything submitted promptly can mean the difference between financial prosperity and personal bankruptcy.
Why You Should Act as Early as Possible on a Michigan Injury Claim
Aside from not wanting to miss the deadlines, there are other factors involved with personal injury cases that should be considered. First, witnesses tend to forget details about the accidents as time passes, so the quicker you act, the better.
All documentation related to the accident will also be more accurate the sooner attention is brought to it.
Finally, your attorneys will be able to focus on your deadlines while you focus on your own recovery. This is why having an experienced, well-versed legal time is so important. Make sure you submit your inquiry to Duff Law located in Grand Rapids as soon as possible to get the help you deserve.