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Exceptions to Michigan’s Personal Injury Statute of Limitations

When you’ve suffered a serious injury due to another’s irresponsible and negligent actions, they should be held liable. This includes compensating you for the injuries you sustained and the losses you endured as a result of those injuries.

However, your case could fall apart if your claim isn’t filed within the statute of limitations. What’s more, Michigan allows some exceptions to their statute of limitations that you’ll need to be aware of, as they could apply to your claim. Continue reading to learn more about the statute of limitations in Michigan and the exceptions to the law that you’ll need to know.

The Standard Statute of Limitations

In Michigan, the statute of limitations for personal injury claims is just three years from the date that the accident occurred, or three years from the date that you are diagnosed with an injury relating to the accident you were involved in.

This seems like plenty of time, but you might be surprised how time-consuming building your case will be, which is why it’s important to file your claim as soon as possible. If the statute of limitations runs out in your case, the courts will not allow you to have your case heard and you’ll be stuck covering any damages on your own.

When you aren’t sure when the statute of limitations started ticking in your case, discuss the details of your claim with your attorney.

Exceptions to Every Rule

Section 600.5851 of Michigan law lists certain circumstances that allow for the delayed  start of the statute of limitations. Some of these scenarios are described as follows:

  • When the injury victim is considered insane at the time of the accident – In these cases, the victim will have one year following a sane diagnosis to file their claim in court. Insanity, as it pertains to personal injury claims and the statute of limitations, is defined as someone not being able to understand their rights.
  • If the injury victim was under the age of 18 at the time of the accident – The statute of limitations for minors does not begin running until they reach the age of 18, at which point they will have one year to file their claim.
  • When the liable party leaves the state – This is a legal gray area, because with the culpable party out of state, the plaintiff cannot reasonably be expected to serve a lawsuit to the defendant.

Should the at-fault entity leave the state after the accident but before the claim is filed in court, and is out of state for two months or longer, the statute of limitations can’t begin running until the liable party returns to the state and the victim is able to serve them.

the exceptions to the statute of limitations can be complex, which is why it’s in your best interest to work with your attorney to determine whether the circumstances of your accident, and the aftermath of it, fall under any of these exceptions.

Schedule a Free Consultation Today

If you have additional questions about the statute of limitations and the exceptions to the law, or if you have other questions related to your injury case, get in touch with a highly trained Michigan personal injury lawyer at David Christensen Law today.

We offer all injury victims a complimentary case review, where we can discuss the details of your case in greater depth. Take advantage of this opportunity by calling our office at 248-213-4900 or by filling out the brief contact form included at the bottom of this page.