Statute of Limitations for a Construction Accident?
Legally Reviewed and Edited by: Terry Cochran
The construction accident statute of limitations is a question we are often asked. In most cases, the person asking needs a lawyer, too.
The Quick Answer
In most states, the statute of limitations for filing a personal injury claim against the person or company you believe to be responsible for your injuries is two or three years from the date of the injury. In Michigan, for a construction site accident — just like car accidents, motorcycle accidents, truck accidents, and most slip and fall cases — it is three years from the date of the accident.
The exception to this time-line is when you don’t actually discover your injury — or the full extent of your injuries — until some time after the date of the accident. In these cases, it is possible to have the statute of limitations clock start on the date of discovery, rather than the date of the accident.
It is all spelled out in Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.5805, and if you don’t file a claim within this three-year limit your case may be dismissed by the court.
The professionals at Cockran, Kroll & Associates P.C., provide a free consultation and case review to learn more about your situation.
Wrongful Death Lawsuits
If the injured person dies as the direct result of the accident, the surviving family may choose to pursue a wrongful death lawsuit. In that situation, the statute of limitations is three years from the date of death.
Has someone close to you died as the result of construction accident injuries? If you believe that the death was caused by the “wrongful act, neglect, or fault of another,” Michigan Compiled Laws Section 600.2922 provides the details for making a claim.
Cochran, Kroll & Associates P.C., can provide you with options. We specialize in working with families in this situation and can guide you through each step of the wrongful death litigation process with compassion and clarity.
The Limits of Workers’ Compensation
Slipping, tripping, and falling injuries are very common in the construction industry, and sometimes the recovery process is painful and long — much longer than you thought it would be when it first happened.
If you meet with a construction accident attorney soon after your accident, and before you file for Workers’ Compensation benefits or sign any settlement agreement with an insurance company, you’ll have a clear sense of what is covered in your specific situation and what the limitations might be.
In Michigan, The Workers’ Disability Compensation Act establishes the system used to provide wage replacement, medical, and rehabilitation benefits to workers who suffer a work-related injury. If you cannot return to work, the State of Michigan’s Workers’ Compensation Third Party Administrator, Sedgwick, will continue to pay for reasonable and necessary medical treatment related to your work-related injury. They will also continue to pay your wage-loss benefits, as long as you continue to be disabled.
Typically, an employee cannot file a lawsuit against an employer or another employee if they have already filed a workers’ compensation claim. The exception to this is if you believe that your employer took an action that was intended to injure you.
When you consult with an accident lawyer at Cochran, Kroll & Associates, P.C. we’ll help you evaluate your injuries and medical conditions for legal purposes, and explain what it means to file a personal injury accident lawsuit. We specialize in helping people navigate the workers’ compensation insurance bureaucracy, making sure our clients get the settlement they deserve.
The Sooner You See an Attorney the Better the Outcome
Don’t wait too long before you get some legal help. While the three-year statute of limitations time limit may seem generous, lawsuits take a lot of time. There are many technical and administrative details involved in filing a personal injury lawsuit, and it’s always best to obtain evidence and interview witnesses immediately following the accident.
Particularly if the construction accident was the responsibility of a third party — someone or an entity unrelated to the employee’s job — you need to find a law firm and attorney with experience and capacity to handle cases like yours.
At Cochran, Kroll & Associates, P.C., the privilege of the attorney-client relationship begins with our first meeting. Our personal injury lawyers handle construction accident cases throughout Michigan, and we can meet with you anytime, at your convenience, and make recommendations.
Contact us toll-free at (866)-779-7331 or use our convenient online contact form to schedule your free case evaluation. Our law firm never charges a fee unless we win your case.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.