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Michigan Statute of Limitations Regarding Car Accident Injury Claims
Car accidents can happen suddenly and result in injuries, leaving victims with physical, emotional, and financial burdens. In Michigan, as in many other states, the law regulates how long you can file a personal injury claim after an auto accident. This legal period is called the statute of limitations. The statute of limitations is a legal time frame within which an individual can file a claim against another party. Statutes of limitations ensure that legal actions are brought forth in a timely manner to preserve evidence and prevent the prolonged uncertainty of potential legal actions.
What is Michigan’s Statute of Limitations for Car Accident Injury Claims?
In Michigan, the statute of limitations for auto accident injury claims is typically three years from the accident date. Therefore, you have three years from the car accident date to file a claim for damages against the person who caused your injuries. If you do not file a claim within this time frame, the claim may be denied, meaning you may not be paid for your damages.
What are the Exceptions to the General Rule?
No-Fault Insurance
States like Michigan with no-fault insurance require that your insurance company will typically cover your medical expenses and certain economic losses, regardless of who is at fault for the accident. However, it is possible to file a claim against an at-fault driver under certain circumstances. Understanding the intricacies of no-fault insurance and its impact on your case is vital. In these cases, the three-year limitation period remains in effect.
Minor Injuries
If you sustain minor injuries in a car accident, you may not immediately realize the full extent of your injuries. In such cases, the statute of limitations may begin to run from the date you discover your injuries rather than the date of the accident.
Government Entities
If the at-fault party is a government agency, such as a city or state, you may have a shorter period to file a claim. Typically, claims must be filed within six months of the accident. Failure to meet this deadline may result in the loss of your claim.
Wrongful Death
If the car accident results in death, the statute of limitations for filing a wrongful death claim is three years from the date of the victim’s death. This adds a layer of complexity to the process, as you must consider both the time of the accident and the date of the victim’s passing.
Why is it Vital to Work within the Statute of Limitations?
Evidence
It may become more difficult to gather evidence related to an auto accident after time passes. Quick action makes it possible to efficiently preserve crucial data, such as accident reports, witness accounts, and medical records. Your case can be strengthened with accurate evidence gathered in a timely manner.
Witnesses’ Memories
Witnesses’ memories can fade over time, making it increasingly difficult to obtain accurate statements to support your case. By acting promptly, you improve your chances of securing valuable witness testimony that may be instrumental in proving liability.
Timely Resolution
Car accident claims can be time-consuming. They often involve negotiations, investigations, and potential court proceedings. Acting promptly can help to achieve a quicker resolution, which allows you to move forward with your life and recover from the accident’s physical and emotional toll.
Legal Rights
Failing to file within the statute of limitations can result in the lose of your legal right to seek compensation for your injuries. This loss can have profound consequences and may leave you without recourse for the damages you’ve suffered due to the negligence of another party.
Understanding and adhering to the statute of limitations in Michigan is critical when filing a car accident injury claim. While the general time frame is three years from the date of the accident, various exceptions and nuances can affect the deadline. If you’ve been injured in a car accident, it’s imperative not to delay. Don’t wait to speak with an experienced lawyer at Sigal Law Firm.
Call 844-I-WIN-BIG if you have been hurt in a vehicle accident. Doing so will help you defend your rights and obtain the compensation you are entitled to.
