Michigan Accident Statutes of Limitation: What You Need To Know

Many people do not realize how important timing is for legal actions. In the legal world one of the most important timing concepts is called statutes of limitation. Statutes of limitation put a cap on how long you have to file a legal claim. In personal injury cases, statutes of limitation play an important role because of many factors that can come into play. Although there may be a number of reasons why people do not file right away, in many situations waiting too long can mean losing your right to seek recovery for your injuries. Your case may be denied a hearing if the statute of limitations passes.

Sachs Waldman car and truck accident attorneys know how important it is to stay on top of your case to make sure you retain your rights and get the compensation you need. Our personal injury attorneys will ease your burden by making sure the your case stays on track.

Car and Truck Accident Statute of Limitation

As of August 2015, according to Section 600.5805 of the Michigan Compiled Laws, you have “3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” Usually the clock starts ticking on the date of the accident. However, if the victim does not discover the injury until a later time, the clock could start ticking on the date of discovering the injury.

What About Claims Against the City, County, or State of Michigan?

However, in general, the statute of limitations for a car accident case against a city or county is 2 years.

What about filing a case against a city, county, or the State of Michigan for defective roads? Generally, the statute of limitations is 2 years. However, there is a notice requirement that must be met. Specifically, the injured person must notify the government agency within 120 days of sustaining injury due to a defective road condition regarding the injury and the defective condition. The injury victim must note the exact location and nature of the defect, the sustained injury, and names of witnesses known at the time by the injury victim. Complying with this notification requirement is necessary for obtaining recovery.

In a claim specifically against the State of Michigan, there are other requirements that need to be met. Within 1 year after an accident or a claim accrues, the injury victim must file a written claim or a written notice of intention to file a claim against the state or any of its arms. The written claim or intention to file must give the time and place of the incident and give a detailed account of damages. Finally, the injury victim must verify the claim or notice in front of an officer authorized to administer oaths.

In any action for property damage or personal injuries, an injury victim must file with a notice of intention to file a claim or the claim itself within 6 months following the happening of the event giving rise to the cause of action.

If you have been injured in a car, truck, or boating accident, contact our Detroit personal injury offices at (313) 965-3464 for a free, confidential consultation today. We are passionate about fighting for our clients, and there is no fee unless we win.