How Long Do I Have to File a Personal Injury Claim in Michigan?

After an accident, your focus is often on healing, medical appointments, and getting life back to normal. But if your injury was caused by someone else’s negligence, it’s important to know that the clock is ticking. Michigan law limits how long you have to take legal action, and missing that deadline can mean losing your right to compensation entirely.

At Marienfeld Law PLLC, we help injury victims in Jackson and across Michigan understand their rights and act before it’s too late.

What Is a “Statute of Limitations”?

A statute of limitations is the legal time limit for filing a lawsuit. Once that period expires, the court will likely dismiss your case—no matter how strong your evidence may be.

The purpose of these deadlines is to ensure fairness: evidence stays fresh, witnesses are available, and claims are brought while the facts are still clear.

Michigan’s Deadlines for Personal Injury Cases

Here are the general filing time limits under Michigan Compiled Laws (MCL 600.5805):

• General Personal Injury: 3 years from the date of the accident or injury.

  
  

  • This applies to cases like car accidents, slip-and-falls, dog bites, or product liability.

  
  

• Wrongful Death: 3 years from the date of the person’s death (not the date of the injury).

• Medical Malpractice: 2 years from the date of the malpractice, or within 6 months of discovering (or when you should have discovered) the malpractice — whichever comes first.

• Claims Against Government Entities: Often shorter, sometimes requiring notice within 120 days to 6 monthsdepending on the agency involved.

• Injuries Involving Minors: The clock typically starts running on the minor’s 18th birthday, but there are limits—usually no more than one year after turning 18 for most claims.

  
  

Exceptions That Can Extend the Deadline

Michigan law recognizes certain situations where the filing period may be paused or “tolled.” These include:

• The victim is mentally incapacitated at the time of the injury.

• The defendant leaves the state after the accident, making service of the lawsuit impossible.

• The injury was not immediately discoverable, such as in cases involving medical negligence or toxic exposure.

Even with these exceptions, it’s important not to rely on them without legal guidance. Every case is fact-specific, and courts strictly interpret these rules.

What Happens If You Miss the Deadline?

Unfortunately, missing the statute of limitations usually ends your right to recover damages—no matter how serious your injuries are. Insurance companies know this, and they may delay negotiations to run out the clock. That’s why speaking with a lawyer early can make all the difference.

Why You Shouldn’t Wait to Contact a Lawyer

Starting your claim early helps your attorney:

• Gather fresh evidence and witness statements

• Request complete medical documentation

• Negotiate from a position of strength with insurers

• File your case before critical deadlines pass

At Marienfeld Law PLLC, we take immediate action to preserve your rights and ensure your case moves forward on time.

Protect Your Right to Compensation

The best time to speak with an attorney is now. Whether you were injured in a car accident, suffered a medical error, or lost a loved one, understanding the timeline is crucial to protecting your future.

Contact Marienfeld Law PLLC today for a free consultation. We’ll review your case, explain your legal options, and make sure no deadlines stand in the way of your recovery.