After an accident in Detroit, your focus is naturally on healing, paying medical bills, and getting your life back on track. Legal deadlines may be the last thing on your mind, but missing one can cost you your right to compensation entirely. At Schefman & Associates, our Detroit injury lawyers are here to discuss your case, track legal deadlines, and help you obtain fair compensation for your injuries.
What Is the Statute of Limitations for Personal Injury Claims in Michigan?
In most cases, you have three years from the date of your injury to file a personal injury lawsuit in Michigan. Under MCL §600.5805(2), this three-year deadline applies to most negligence claims, including car, truck, and bicycle accident cases. If you file after the deadline passes, you may have no opportunity for legal recourse.
Some claims have much shorter deadlines. Claims for no-fault PIP benefits generally require written notice to the insurer within one year. Medical malpractice claims generally must be filed within two years. Claims against government agencies may require written notice within months of the injury.
Why Should I Act Quickly Following a Personal Injury?
Acting quickly strengthens your claim because important evidence disappears over time. Witnesses’ memories may fade, surveillance footage is overwritten, accident scenes are cleaned up, and valuable evidence is discarded. Contacting an attorney early gives your legal team the chance to preserve this evidence while it’s still available to build a stronger case on your behalf.
Can the Filing Deadline Ever Be Extended?
The filing deadline can be extended, but only in limited situations. Under MCL §600.5851, a person who is under 18 or mentally incapacitated when the injury occurs may receive additional time, generally up to one year after turning 18 or regaining capacity. MCL §600.5855 can extend the deadline if the at-fault party fraudulently concealed the claim, causing you to not discover the existence of the claim or the identity of the liable party until a later time.
In that situation, you generally have two years from the date you discovered, or should have discovered, the claim to file, even if the standard three-year period has otherwise run. Because these exceptions are narrow and fact-specific, you should confer with our personal injury team to see if any apply to your particular situation.
Guiding You Through Each Step of the Claims Process
When you are desperate for compensation following an injury, you are more inclined to take the first settlement offer on the table. A personal injury lawyer can guide you through every step of the claims process while protecting you from costly mistakes. Your attorney will identify every deadline that applies, gather evidence, and calculate the full value of your damages, including future medical care and lost earning capacity.
Insurance companies often make low initial offers, hoping injured victims will accept quickly. Our experienced personal injury team handles all communication with the insurer, negotiates firmly for a fair settlement, and is prepared to take your case to court if negotiations fail.
Contact Our Detroit Personal Injury Lawyers at Your Earliest Opportunity
For over 40 years, Schefman & Associates has assisted personal injury victims in recovery for physical, financial, and emotional damages. Don’t let a missed deadline stand between you and the compensation you need to move forward. To arrange your free consultation with one of our Detroit personal injury attorneys, contact us online or by calling (248) 594-2600 today.