If you or a loved one sustain an injury caused by another individual, business, or government entity, you may be able to recover compensation for your losses. However, these claims must be filed within a certain time frame, called the statute of limitations. In this state, the usual personal injury statute of limitations is three years from the date an injury occurs, which means that the injury victim must file a lawsuit against the alleged negligent party within that time frame.
However, there are various exceptions to the statute of limitation that we want to discuss here.
What Are the Personal Injury Statute of Limitations Exceptions?
You need to speak to your attorney about any concerns you have related to filing your claim on time. The statute of limitations can be complicated, but your lawyer will be able to guide you toward the path you need to recover the compensation you are entitled to.
Tolling (pausing) the Michigan personal injury statute of limitations is possible under the following scenarios:
In the event the injury victim is found to be “insane” at the time the injury incident occurs, they will have an extended time frame to file the personal injury lawsuit. Under this exception, a person will have one year from the date their “insanity” is over to file the claim against the alleged negligent party. Under the law, insanity is meant to describe a mental condition that prevents the injured victim from comprehending their rights. This is not dependent on whether or not a person has actually been judicially declared insane.
Under the age of 18
If a person under the age of 18 is harmed due to the negligence of another, they will also have an extended time frame to file their lawsuit. Under Michigan law, minors have one year from the date they turn 18 to file their personal injury claim in court, regardless of when the injury occurred. This can significantly extend the statute of limitations.
If the individual who allegedly caused the injury (the defendant in the personal injury claim) leaves Michigan at any point after the incident occurs but before the lawsuit can be filed, and if they are gone for more than two months, any period of absence will likely not be counted towards the three-year statute of limitations. This is true only if there is no way for the plaintiff to serve the defendant with lawsuit papers during their absence.
Working With a Personal Injury Lawyer in Michigan
Any person who has sustained an injury caused by the actions of another company, entity, or individual needs to speak to a skilled Southfield personal injury lawyer immediately. Individuals without much legal training may struggle to handle these claims on their own, particularly when it comes to filing the claim properly and on time.
When you work with an attorney, you will have an advocate who can use their resources to investigate your claim, file the case in civil court, and to take the claim all the way to trial if necessary.