Michigan Personal Injury Statute of Limitations | Call Lee Free

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Important Michigan Case Law

A List of Michigan Statute of Limitations

A statute of limitations limits how long you must pursue legal action after a person commits negligent conduct. When the statutory period ends, the injured individual no longer has the right to file a lawsuit against the defendants to seek compensation or other forms of relief.

The following is a list of general statutes of limitations for personal injury and civil actions involving contracts and tort in Michigan. There are exceptions, so please contact a Michigan personal injury lawyer if you have any questions.

  • Personal Injury: 3 years, except for medical malpractice, wrongful death, and other exceptions for minors or the legally incapacitated.
  • Medical Malpractice: 2 years, with a narrow 6 month discovery extension.
  • Fraud: 6 years
  • Breach of Contract: 6 years
  • Libel, Slander, and Defamation: 1 year
  • Personal Property Damage: 3 years

In some cases, tolling occurs on a statute of limitations, typically under circumstances where:

● The defendant is in a bankruptcy proceeding.

● Voluntary dismissal of a lawsuit and the parties all agree to extend the statute of limitations.

● The plaintiff is a minor: If a person is under the age of 18 when they were injured, they have until one year after their 18th birthday to file a personal injury claim.

● The plaintiff is deemed legally “insane”: When referring to “insanity,” the law means that person experiences mental derangement. They’re unable to comprehend their rights, which affects their case. The person doesn’t need to be considered insane in court in order to receive the filing extension. If someone is considered “insane,” they have one year after their period of “insanity” ends to file.

● The defendant leaves the state: The plaintiff has more time to file in the event that the person who allegedly engaged in negligent conduct leaves the state. If they leave Michigan for more than two months, the amount of time in which they’re out of the state will not count toward the statute of limitations period. In the event that the defendant has a way in which the plaintiff can serve them while they’re out of state, the statute of limitations will not pause.

What happens if you miss your filing statute of limitations deadline?

If you don’t file your deadline before the Michigan personal injury statute of limitations expires, you won’t be able to recover compensation from the defendant. In the event that you still choose to file after the expiration, the defendant will file a motion to dismiss. Unless you were entitled to an extension, the court will dismiss the case regardless of how serious the defendant’s actions were.

Filing a claim before your statute of limitations expires

If you suffered physically, mentally, or emotionally due to another person’s negligent conduct, you need to file before the statute of limitations concludes. In Michigan, you have every right to represent yourself in court for a civil case. In the event that you decide this is right for you, visit Michigan Courts Self-Help Center to learn how to get started with your case.

Although you’re under no obligation to seek the assistance of a legal representative, an attorney can assist you with your case by helping you gather evidence, handle the paperwork, and present your case effectively. They’ll also work to help you receive the maximum amount possible from the person who engaged in negligent conduct. Preparing your case takes time, so you need to contact a lawyer as soon as possible to ensure that you file your claim before your statute of limitations expires. 

If you would like to read more in-depth about a specific Michigan law, click on the links below. If you have questions, or require a FREE consultation about an injury to yourself or a loved one, please call us at 1-800-LEE-FREE or contact us for immediate answers.