Michigan's General Rule: Three Years for Most Personal Injury Cases
In Michigan, most personal injury lawsuits must be filed within three years of the date the injury occurred. This includes cases involving:
- Car accidents
- Slip and fall incidents
- Medical malpractice
- Workplace injuries (in some circumstances)
- Dog bites
- Defective products
This three-year period starts running from the date you were injured, not from when you discover the full extent of your injuries or decide to pursue legal action.
Special Rules for Different Types of Cases
Not all injury cases follow the standard three-year rule. Some have shorter or longer deadlines:
- Wrongful death cases - Three years from the date of death
- Medical malpractice - Generally two years, but with exceptions
- Claims against government entities - Often require notice within six months
- Product liability cases - May have different deadlines depending on when you discovered the defect
- Professional malpractice - Two years in most cases
These variations make it crucial to consult with an attorney as soon as possible after any injury.
The "Discovery Rule" and When Time Starts Running
In some cases, Michigan law recognizes that you might not immediately know you've been injured or what caused the injury. The discovery rule can delay the start of the statute of limitations until:
- You discover the injury - For example, in some medical malpractice cases where harm isn't immediately apparent
- You discover the cause - When you learn that someone else's negligence caused your injury
- You reasonably should have discovered - The law uses an objective standard
However, the discovery rule has limits and doesn't apply to all types of cases.
Special Considerations for Minors
When a child is injured, Michigan law provides additional protections:
- The statute of limitations is "tolled" (paused) until the child turns 18
- Children then have until age 19 to file most personal injury lawsuits
- Parents can file lawsuits on behalf of minor children
- Some cases have different rules - such as medical malpractice claims
However, it's usually better to file a case promptly rather than wait, as evidence and witnesses become harder to find over time.
Government Claims Require Early Action
If your injury was caused by a government entity or employee, you face much shorter deadlines:
- Six months to file a notice of claim with the government unit
- Specific format requirements for the notice
- Limited time to file suit after the notice period
- Different rules for different government levels - city, county, state, federal
Missing these early deadlines can permanently bar your claim, even if the government was clearly at fault.
Why You Shouldn't Wait Until the Last Minute
Even though you may have three years to file a lawsuit, waiting too long creates serious problems:
- Evidence disappears - Security footage is deleted, physical evidence is lost
- Witnesses forget - Memories fade and people move away
- Medical records become harder to obtain - Doctors' offices may destroy old files
- Your attorney needs time to investigate and build your case
- Settlement negotiations take time - Many cases resolve without trial but require months of negotiation
The strongest cases are built on fresh evidence and clear memories.
What Happens If You Miss the Deadline?
If you file your lawsuit even one day late, the defendant can ask the court to dismiss your case, and the court will likely grant that request. This is true even if:
- You have a strong case on the merits
- The defendant was clearly at fault
- You suffered serious injuries
- You only missed the deadline by a short time
There are very few exceptions to this rule, and courts rarely show mercy for missed deadlines.
Insurance Claims vs. Lawsuit Deadlines
Don't confuse insurance claim deadlines with lawsuit filing deadlines:
- Insurance policies often require prompt notice - usually within 30 days
- PIP benefits have ongoing deadlines - for submitting bills and documentation
- Settlement negotiations can continue even while preparing to file suit
- Filing a lawsuit preserves your rights - you can still settle after filing
An experienced attorney will manage both insurance claims and legal deadlines to protect your interests.
Don't Let Time Run Out on Your Rights
The statute of limitations exists to provide finality and ensure cases are filed while evidence is still available. But for injury victims, these deadlines can be a trap if you don't understand them.
At Shiraz Law Firm, we track all applicable deadlines for our clients and ensure that cases are filed in time to preserve their rights. We also work to build the strongest possible case by acting quickly while evidence and witnesses are still available.
If you've been injured, don't gamble with time limits. Contact us today to protect your right to compensation.
