You’ve got to act pretty fast after an accident because the deadlines in Michigan are strict when it comes to filing injury claims, and if you miss those deadlines, you lose any chance you had at getting fair compensation for your damages.
That’s why you’ve got to get a clear understanding of how long after an accident you can file a claim and what you should be doing in the meantime. That doesn’t just protect your rights, it gives you room to make informed decisions about your medical treatment, insurance negotiations, and any legal action you might need to take.
Michigan’s Statute of Limitations for Personal Injury Cases
In Michigan, you’ve got three years from the accident date to file a personal injury lawsuit, and that might sound like a lot, but three years go by fast when you’re recovering from injuries and dealing with medical bills.
The three-year rule applies in almost every injury case, including car crashes, slip and falls, dog bites, and other accidents, and Cochran, Kroll & Associates, P.C. has been helping families in Michigan get everything filed on time for decades.
When Does the Clock Start? Understanding the “Date of Discovery” Rule
Everything starts the day of your accident, but Michigan recognizes something called the “date of discovery” rule, which applies when you don’t realize you’ve been injured right away.
You might walk away from an accident thinking you’re fine, but later on, you start experiencing symptoms that make you realize you really did get hurt. In cases like this, the statute of limitations might start the day you discovered the injury, and not the day the crash actually happened.
This rule has limits, though; you can’t wait around for years and suddenly claim you just discovered an old injury.
Car Accident Claims: Time Limits to Keep in Mind
The no-fault insurance system in Michigan means car accident claims are different, so you’ve only got one year to file a personal injury protection (PIP) claim with your own insurance company for medical bills and wage loss. That’s a lot less than the three years you’ve got to file a lawsuit window.
You can still sue the at-fault driver for pain and suffering if your injuries meet the Michigan serious impairment threshold, but you’ve got to act within three years. It only hurts your case to wait because evidence gets lost and memories get blurry.
Cochran, Kroll & Associates, P.C. tells our clients to reach out right away after their accident. How long after a car accident can you sue depends on your situation, but the sooner, the better.
Exceptions That May Extend Your Deadline
There are a few exceptions to the standard three-year rule under Michigan law. For example, if the injured person is under 18, then the statute of limitations doesn’t start until their 18th birthday, and they’ve got three years from that date to file.
Mental incapacity can also pause the clock if an accident has left you unable to understand your legal rights.
The deadline for cases involving government entities is a lot shorter. You’ve only got six months to file a notice of claim.
Risks of Filing Late: What You Could Lose
You’ve got to know exactly how long after a car accident you can claim an injury to keep that from happening. Courts in Michigan are almost sure to dismiss your case if you file even one day late, so you lose your right to compensation.
That means no money for medical bills, lost wages, pain and suffering, or future care needs. Insurance companies know this, so they’ll take their time in hopes you’ll miss the deadline.
We’ve never missed a filing deadline for our clients at Cochran, Kroll & Associates, P.C. We keep track of every date and keep your case moving forward.
Why You Shouldn’t Wait to File a Claim
You’ve got to get evidence when it’s fresh to win your case; accident scenes change and get cleaned up, and security footage gets deleted, plus witnesses forget details, so the longer you wait, the harder it is to prove what happened.
Acting fast shows insurance companies you’re serious and won’t be pushed around. Plus, it gives us time to do a thorough investigation and gather medical records to build the strongest possible case.
Our personal injury lawyers help you document everything the right way and get the treatment you need. Understanding how long you can file a claim after an accident is just the first step; taking action now is what counts.
Ready to Protect Your Rights?
Contact us today for a free consult. Our car accident attorneys know the system, and we’re ready to fight to get you the compensation you deserve. Every case is handled on contingency, which means we don’t get paid a thing unless we win.
Call us 24/7 at 1-866-MICH-LAW or reach out online, and we’ll schedule a free case review. Cochran, Kroll & Associates, P.C. will tell you exactly how long after an accident can you file a claim and start working on your case.
Frequently Asked Questions
What is the Michigan personal injury statute of limitations?
You’ve got three years from your accident date in Michigan to file a personal injury lawsuit, though some exceptions apply, like cases involving minors or government entities. If you miss the deadline, then it almost always means you lose your right to sue and get compensated for your damages.
How long after a car accident can you file a claim for injuries?
You’ve got a year to file a PIP claim with your insurance for medical bills and lost wages. For a lawsuit against the at-fault driver, you’ve got three years. Both deadlines are firm, so call an attorney ASAP.
Are there exceptions for delayed injuries?
Michigan’s “date of discovery” rule might give you more time to file if you didn’t realize you were hurt right away, so the clock starts running when you discover the injury, or should have discovered it reasonably.
Can minors file a personal injury claim after turning 18?
If you were injured as a minor, then the statute of limitations doesn’t start until you turn 18, which means you’ve got three years from that date to file your case.
What happens if I miss the deadline to sue?
Courts will almost certainly dismiss your case, and you’ll lose your right to compensation; no extensions, no exceptions. Insurance companies won’t negotiate seriously once they know you’ve missed the filing deadline.
Should I hire a lawyer right after the accident or wait?
Hire a lawyer right away because getting legal help early lets us protect the evidence and make sure all the deadlines are met, plus it keeps insurance companies from taking advantage of you. We offer free consultations at Cochran, Kroll & Associates, P.C., and you pay nothing unless we win.
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.
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A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.
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