What is the statute of limitations in Michigan for my case?
This is a question that clients and people ask me all the time. But really, the answer depends on a lot of different factors. There is no one correct answer. The following is a brief breakdown of the statute of limitations on various Michigan personal injury cases.
Remember each case is different. For example, while there is a 2 year statute of limitations against governmental agencies for most personal injury cases. However, many of these cases have strict notice provisions that must be followed. If proper notice is not provided to the correct governmental agency within the specified time frame, the case is toast long before the statute of limitations has run.
I strongly urge you to contact a Michigan personal injury lawyer and provide the specific facts of your case to get an accurate answer to your statute of limitations questions.
What is the statute of limitations for a Michigan car accident?
3 years from the date of the accident. However, as explained below, this answer is only true when the defendant is an individual or company. If a governmental entity owned or controlled the vehicle, the answer is different.
What is the statute of limitations for a Michigan motorcycle accident?
3 years from the date of the accident. However, if the defendant is a government employee or government agency, the answer is different as explained below.
What is the statute of limitations for a Michigan truck accident?
3 years from the date of the accident. However, if the defendant is a government employee or government agency, the answer is different as explained below.
What is the statute of limitations in a Michigan no-fault PIP case?
In general terms, the answer is 1 year. But in reality, in first-party Michigan no-fault cases there is a rolling statute of limitations. In other words, a lawsuit may start at any time within 1 year after the most recent benefit has been incurred. This means a claim for benefits must be paid by the insurance company within one year of the expense being incurred, or a claim for that benefit will be time barred. MCL 500.3145.
For example, a medical bill that was incurred on May 1, 2014 must be paid by May 1, 2015. If it has not been paid, a lawsuit must be filed by May 1, 2015 to prevent the car insurance company from escaping payment of the medical bill. If no lawsuit is filed, and one year goes by, the insurance company is not responsible for paying that medical bill.
Under the Michigan no-fault law, there is a notice provision as well. This means that written notice of a claim must be made with the proper insurance company responsible for paying the no-fault benefits within one year of the motor vehicle accident.
What is the statute of limitations for a car accident case against a city or county?
In general, the answer is 2 years.
What I the statute of limitations for a defective road case against a city, county road commission or even the State of Michigan?
In general, the answer is 2 years.
However, there is a 120-notice period. This means, the plaintiff has 120 days from the date of the incident to adequately notify the defendant of the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time. MCL 691.1404. This notice must be provided to the defendant in a certain way, such as certified mail, return receipt requested. The method of serving notice must be strictly adhered to or the judge will dismiss the case.
Cases against the State of Michigan are even more complicated. In cases against the state, the plaintiff must file a formal Notice of Intent to Sue with the Court of Claims within 180 days from the date of the injury. MCL 600.6431(3). The Notice of Intent to Sue must be served in a specific way as well.
What is the statute of limitations against a city for a defective sidewalk?
2 years. However, within 120 days of the incident, the plaintiff must service a notice on the responsible governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time. MCL 691.1404. This notice must be provided to the defendant in a certain way, such as certified mail, return receipt requested. The method of serving notice must be strictly adhered to or the judge will dismiss the case.
The notice provision for this type of case are different for minors or if the injured person is physically or mentally incapable of giving notice.
What is the statute of limitations for a case involving a defect in a public building?
2 years. However, within 120 days of the incident, the plaintiff must serve a notice on the responsible governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant. MCL 691.1406.
This notice must be provided to the defendant in a certain way, such as certified mail, return receipt requested. The method of serving notice must be strictly adhered to or the judge will dismiss the case.
What is the statute of limitations for a Michigan slip and fall case?
3 years assuming the defendant is a private person or private entity.
What is the statute of limitations for a Michigan dog bite?
3 years assuming the dog owner is a private person or private entity.
What is the statute of limitations for a Michigan medical malpractice?
In general, it is 2 years from the date of the malpractice or 6 months from the date the plaintiff discovers or should have discovered the existence of the claim, whichever is later. MCL 600.5805(6); MCL 600.5838a(2). But in any case (except for minors), not more than 6 years after the date of the act or omission that is the basis for the claim. The only defense is to this if the health care professional fraudulently prevented the discovery of the existence of a claim.
Also, in medical malpractice be aware the statute of limitations is different for minors and in cases of wrongful death. In cases of wrongful death, a personal representative of an estate can file a claim within two years of issuance of any original or subsequent letters of authority as long as the claim is filed within 3 years of the time the applicable statute of limitations would otherwise have run. MCL 600.5852.
