Every state has different rules to follow for personal injury cases to prosper. In this article, let us look at some things you should know before filing a personal injury case.
Defining Personal Injury in Michigan
Personal injuries in Michigan and elsewhere refer to any physical, psychological, or emotional harm experienced as the result of negligent, reckless, or intentional acts by another individual, entity, or organization. Such cases could arise in many situations, including but not limited to:
Car accidents may usually fall under both a personal injury and an auto accident. However, the considerations are detailed, and many things are at play. If you have been in an auto accident in Michigan, you may also be liable for the personal injury that comes with it. You need a good lawyer, and Haque Legal is here to help.
There are also other personal injury cases in Michigan that you should know by now, they are the following:
Slip and fall accidents
Medical malpractice
Workplace accidents
Product defects
Assault and battery
Dog bites
Nursing home abuse
Defamation (slander or libel)
Intentional infliction of emotional distress
In the coming articles, we will examine these personal injury cases and whether or not you are entitled to compensation.
You Deserve Compensation
Personal injury law in Michigan allows those injured by another party's negligence to seek compensation for damages such as medical bills, lost wages, pain and suffering, and any related losses.
Note: Michigan operates with a no-fault auto accident system that typically allows injured drivers to seek relief through their insurance policy before approaching third parties for reimbursement if necessary - though exceptions exist, especially in severe injury cases.
The Limit To Filing a Personal Injury Case in Michigan
In Michigan, the statute of limitations for personal injury cases is generally three years from the date of the injury or accident. This means you have three years from the injury to file a lawsuit in the civil court system
However, it's crucial to consult with a qualified attorney to get specific legal advice regarding your situation, as there may be exceptions or nuances depending on the circumstances of your case. Additionally, certain cases or claims may have different deadlines, so it's essential to clarify the statute of limitations applicable to your situation.
Statutes of limitations typically set timeframes for initiating legal proceedings in Michigan and other states, depending upon your location and the nature of action taken. While deadlines can be extended depending on jurisdiction or type, under some conditions, it can even be tolled (paused).
Here are a few everyday situations when Michigan may extend or toll the statute of limitations:
Minority
A cause of action involving minors arises when they reach majority age (18 years or above); their statute of limitation period can be tolled until that age arrives.
Mental Incapacity
If the plaintiff was mentally incapacitated at the time they filed suit, their limitations period may be extended until they can regain the capacity to prosecute.
Fraudulent Concealment
Suppose the defendant fraudulently conceals or disguises relevant facts that give rise to an actionable cause of action or facts necessary for its discovery by the plaintiff (whether actual discovery occurs or should have taken place). In that case, the statute of limitations can be tolled until such discovery occurs or should have occurred.
Continuous Treatment Doctrine
Medical malpractice claims may extend their statute of limitation period if the plaintiff continues to seek care from the defendant for an ongoing condition.
Presence outside of the State
If a defendant is absent from their state for more than sixty consecutive days, that time might not count towards their statute of limitation period.
Military Service
The tolling of statutes of limitation for plaintiffs serving in the military during active service duty periods is also an allowed occurrence. By the very word, an injury is considered a personal injury when it occurs against an individual. If a person is serving in the military, the state must always be the priority, not personal injury.
Of course, this means there is still a chance that the personal injury case may be filed after the individual considered liable for the personal injury case will be off active duty from the military.
However, remember that these guidelines represent general principles only, and the exact details may depend on your case circumstances and Michigan's laws. Therefore, if you believe the statute of limitations could be extended or tolled, consult a qualified attorney who can offer guidance based on what's at stake in your circumstances.