If you suffer an injury in an accident caused by someone else’s negligence in Michigan, you can seek compensation in two main ways. You can file an insurance claim, or you can file a personal injury lawsuit.
The options available may depend on the circumstances of the accident. And depending on whether you’re filing an insurance claim or personal injury lawsuit, the filing deadline may differ. In either case, it’s essential to understand these deadlines so you don’t lose your opportunity to seek the compensation you deserve.
What Is the Deadline for Filing an Insurance Claim After an Injury in Michigan?
If your injury resulted from a car accident, the first way to seek compensation is through an auto insurance claim. Michigan is a no-fault state for auto insurance, meaning you file your claim with your own insurance provider after an accident.
All Michigan drivers must have a minimum amount of auto insurance, including a personal injury protection (PIP) policy, which covers your injuries in the event of an accident. Under Michigan law, you must file your PIP claim within one year of the date of accident. However, you should check your insurance policy for its particular deadline.
Typically, insurance policies require that you submit your claim within a few days or weeks after an accident. Because of this, it’s crucial not to delay in filing your claim.
What Is the Deadline for Filing a Lawsuit After an Injury in Michigan?
If you don’t have sufficient insurance to cover your losses from the accident or if you were seriously injured in the crash, you might be entitled to file a personal injury lawsuit against the at-fault party. Such a lawsuit could result in compensation for your pain and suffering and for any medical expenses not covered by your insurance policy.
Under Michigan’s statute of limitations for personal injury, victims have three years to file lawsuits. If you fail to file your lawsuit within this period, you may lose your right to seek compensation for your injuries.
An experienced personal injury attorney can investigate the accident, gather evidence, identify the liable parties, and file your lawsuit within the deadline.
Exceptions to the Personal Injury Statute of Limitations
There are a few exceptions to the statute of limitations for personal injury lawsuits that may impact your case:
- Minor Victim – If the victim is under 18 at the time of the injury, the time limit is paused (tolled) until they turn 18. They then have one year to file their claim.
- Out-of-State Defendant – If the defendant leaves Michigan, the time limit may be tolled until they return to the state, preventing defendants from running out the clock.
- Government Defendant – If the defendant is a government entity, such as the sheriff’s office, the time limit is two years instead of three.
Contact a Michigan Personal Injury Lawyer
If you need legal assistance with your accident case in Michigan, contact Atnip & Associates for a free consultation with one of our experienced injury lawyers. We’ll review your case and help you determine how much time you have to file your insurance claim or injury lawsuit.
