How long after a car accident can you sue in Michigan? Generally, the state gives you three years to file a lawsuit before the statute of limitations for a personal injury claim expires. However, you may have less time in some cases.
Our team at White Law PLLC, can review all deadlines for your case. We understand the time limits for car accident claims and have experience helping clients in your situation. Find out more about your car accident claim time limits during a free consultation.
What’s the Statute of Limitations in Michigan?
Michigan Compiled Laws § 600.5805 is the Michigan statute of limitations for a car accident lawsuit. It contains information about the state’s deadline for personal injury claims. According to this portion of the state’s legal code, you have three years to file a lawsuit after most accidents in Michigan.
The time limit presented by the statute of limitations applies to claims for:
Personal Injury
You may have a chance to file a personal injury lawsuit if another driver struck you and left you with injuries. In many cases, auto accidents in Michigan lead to injuries like:
- Head and brain injuries
- Back, neck, and spinal cord damage
- Broken bones, sprains, and strains
- Internal injuries or organ damage
Any of these injuries could require expensive medical care. Fortunately, filing a personal injury claim on time can allow you to seek compensation for your losses.
Wrongful Death
Michigan also uses a three-year statute of limitations for wrongful death claims. Our team can provide compassionate legal care if you lose a family member in a car accident. We understand the emotional hardships you can face in this situation.
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Are There Exceptions to Michigan’s Car Accident Statute of Limitations?
How long after a car accident can you sue in Michigan, and does everyone have the same amount of time? While most drivers have three years to file a personal injury or wrongful death claim, exceptions exist in certain circumstances.
You may have additional time if:
You Were Under 18 During the Accident
Michigan uses a different kind of statute of limitations for minors. Generally, the time limit does not begin counting down for minors until they turn 18. Once you turn 18, you have a year to file a personal injury claim.
The Party Who Caused the Accident Left the State
Legally, you can face challenges serving a lawsuit if the driver who caused your accident left the state. This often happens with motorists visiting from Canada and other tourists. You may have extra time to find and serve the lawsuit to begin your case in this situation. Find out more about this situation with a car accident lawyer.
How Long After a Car Accident Can You File an Insurance Claim in Michigan?
Not everyone hurt in a car accident in Michigan chooses to file a lawsuit against the driver who caused the collision. After working with insurance agents, many drivers decide to settle out of court.
Generally, you have a year to file an insurance claim after a car accident. However, you may have three years to file a claim for the following:
- Excess medical benefits
- Pain and suffering
- Additional economic damages
Insurance companies often have separate time limits for claims for uninsured or underinsured motorists. Make sure you check with your insurance policy after an accident to determine how long you have to move forward with your claim.
We understand that you may be going through a difficult situation and we are ready to help however we can.
How Soon Can Lawyers Start Working on a Car Accident Claim?
Many drivers wonder how long after a car accident they can sue in Michigan and if they have to wait a set amount of time to contact a lawyer. Generally, you can reach out to a car accident lawyer for help immediately after a collision.
Getting help from a lawyer immediately can provide you with several significant benefits. Car accident attorneys step in to:
- Handle communication with insurance agents
- Make sure you know what legal steps to take
- Begin an investigation immediately
Generally, working with a lawyer right away allows you to protect your claim, especially by avoiding communication with the other driver’s insurance agents. Other insurance companies often try to avoid paying you damages by blaming you for the accident or downplaying the severity of your injuries.
Getting legal help right away also allows a lawyer to question witnesses before they forget what they saw, request a copy of your police report, and look over evidence related to your collision.
You will always work directly with your attorney throughout your case.
What Happens After You File a Lawsuit in Michigan?
If you file a lawsuit before the statute of limitations runs out in Michigan, you’ll have a chance to secure compensation for your losses. Lawyers investigate and build your claim before going to court.
In some cases, the insurance company may decide to settle before letting the court decide your case. In this case, you can accept a financial payment from the insurance company to resolve your claim.
In other situations, your claim may go all the way to a jury discussion. In either case, you could receive funds to cover your:
- Current and future healthcare expenses
- Lost wages and earning potential
- Vehicle repair costs
- Pain, suffering, or PTSD from a car accident
There were over 280,000 car accidents in Michigan in 2021, with many more in 2022. If you got hurt in a collision, move quickly to secure help with your claim.
Speak to Us After a Car Accident in Michigan
How long after a car accident can you sue in Michigan? Generally, you have about three years to sue after a collision. However, the time limit can vary based on your legal situation. Find out more with our team at White Law PLLC.
A Michigan car accident lawyer can help you stay on track. Call us or fill out our online contact form to learn more.
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