Ask a Michigan Personal Injury Lawyer: When Should I File My Personal Injury Case?

Failing to meet the statute of limitations deadline could lead to your case being dismissed and the loss of your right to claim compensation for your injuries. Working with a qualified personal injury attorney can help you adhere to these crucial deadlines.

What About Insurance Claims Deadlines?

Besides the statute of limitations, it’s also important to keep track of deadlines set by insurance companies. Following an accident, depending on the situation, you might need to file a claim with either the at-fault party’s insurance company or your own insurer.

Insurance policies typically specify certain periods for filing claims. Not adhering to these timeframes can lead to your claim being denied. For example, you must file your claim within one year to receive personal injury protection benefits.

To prevent any complications with insurance, reporting the accident and starting the claims process promptly is advisable. Our attorneys can assist in collecting evidence for your claim and ensure all required paperwork is submitted within the appropriate deadlines.

Are There Exceptions to the Statute of Limitations?

The statute of limitations for personal injury cases are generally strict, but there are several notable exceptions. These exceptions can vary based on specific circumstances and may include scenarios such as:

• Delayed discovery. In some cases, the statute of limitations may be extended if the injury or its cause was not immediately apparent and was only discovered later. Generally, the claim should be filed within 6 months from the date of discovery.
  For instance, if a surgical tool is inadvertently left inside your body during an operation, the timeframe to initiate a lawsuit begins when you become aware of the tool’s presence rather than the date of the surgery.
• Minors under 18. If the injured party is a minor, the statute of limitations often doesn’t begin until they reach the age of majority. For individuals who were minors at the time of their injury, the statute of limitations is extended by one year. For example, if a 15-year-old sustains an injury in a bicycle accident, they have until one year after their 18th birthday to file a lawsuit.
• Incapacitated persons. When a person is incapacitated at the time of their injury, like being in a coma after an accident, the statute of limitations is extended. In such cases, they have one year from the date they regain the ability to comprehend their situation and take legal action to file a lawsuit.
• Absence of the defendant: In instances where the defendant is unavailable or has left the state, the statute of limitations might be put on hold, or tolled, until they return or are located. This allows for a fair legal process even when the defendant’s absence would otherwise hinder the plaintiff’s ability to file a lawsuit within the standard timeframes.

What is Maximum Medical Improvement?

The concept of Maximum Medical Improvement (MMI) plays a role in the timing of personal injury cases. MMI is reached when your condition has stabilized to the extent that no further improvement is anticipated, even with continued medical care.
Understanding MMI is crucial for accurately evaluating the full impact of your injury.

Waiting until the MMI stage allows us to leverage the MMI diagnosis in negotiations for a settlement. This approach aims to cover not only your existing medical expenses and lost wages but also to secure compensation for future therapy, any necessary job modifications, or retraining, especially if your injury restricts your capacity to continue in your current role.

Filing your claim before reaching MMI could result in not receiving the full compensation you deserve. Therefore, it’s important to wait until this diagnosis is confirmed to ensure your personal injury claim accurately reflects the extent of your entitlements.

Eileen Kroll, as a partner attorney and a registered nurse, brings a unique skill set to these situations. With her medical expertise and legal acumen, she provides a comprehensive understanding of the implications of MMI on your case. She can use this knowledge to accurately assess the full extent of injuries and advocate for a settlement that reflects your current and future expenses.

What are the Benefits of Filing Your Personal Injury Claim Early?

Filing your personal injury claim as soon as possible after the accident ensures a timely start to your case. This can help you see the following benefits:

• Evidence preservation. Acting quickly ensures important evidence like surveillance footage, witness statements, and physical evidence at the scene is preserved. As time passes, these can become harder to obtain or less reliable.
• Faster resolution. Filing early allows your legal team to begin the negotiation process sooner. This can lead to a quicker settlement and faster access to awarded compensation.
• Reduce financial strain. An earlier filing can lead to an earlier settlement, providing financial relief for medical expenses and lost income due to your inability to work post-accident.
• Minimize disputes over injury causation. Delaying your claim gives the other party more room to argue that your injuries were not caused by the accident. Prompt filing helps establish a clear connection between the incident and your injuries.
• Emotional closure. Resolving your case sooner can minimize emotional distress and allow you to focus on recovery and move forward from the incident.

Why You Should Work With an Experienced Personal Injury Attorney