- May 19, 2025
Every state has something called a statute of limitations. That’s a legal deadline to file a lawsuit. Once it passes, you might lose your right to hold someone accountable, even if they were clearly at fault. However, there are exceptions. Some people still have a valid case, even if the injury happened years ago.
If you’re considering taking action, this article will walk you through the rules that apply to old injuries, the exceptions that might buy you more time, and what steps you can take right now to protect your rights. We'll also explain how these laws work in Michigan, using it as a reference point to give you a sense of what these time limits look like.
You don’t have to figure this out alone. A Detroit personal injury lawyer in your area can review your situation and tell you what your legal options look like. Most offer free consultations, so you’ve got nothing to lose by asking.
Understanding Statutes of Limitations
Statutes of limitations create a legal boundary for how long someone has to file a personal injury lawsuit. After the clock runs out, courts typically won’t hear the case—no matter how legitimate the claim might be. These deadlines encourage prompt action, keep evidence fresh, and help ensure fairness in legal proceedings. When to get an attorney is as soon as possible after the injury or its discovery—early legal guidance helps preserve your rights and identify any exceptions that may apply.
Definition and Purpose
A statute of limitations is a time limit imposed by law. Once an injury occurs, the countdown begins. If a lawsuit isn’t filed within that timeframe, the right to sue usually disappears. This rule applies whether the injury happened in a car crash, due to a defective product, or because of professional negligence.
The goal isn’t to punish the injured person. Rather, the law aims to avoid stale claims—cases where memories have faded, documents are missing, or witnesses are long gone. Lawsuits filed too late may not reflect the truth anymore, which can make fair outcomes harder to reach.
Variation by State and Injury Type
These timeframes vary widely depending on where the injury occurred and what kind of harm is involved. For instance, someone hurt in Michigan might have a different deadline than someone injured in another state. And a slip-and-fall case might follow a different rule than one involving medical malpractice.
Each state legislature sets its own deadlines, and many create separate rules for different types of claims. That means the time to sue for a car crash might not match the deadline for an injury caused by a dangerous drug or nursing home neglect.
However, in Michigan, you typically have three years from the date of the accident or the discovery of your injury to file a personal injury lawsuit. The same deadline applies for wrongful death claims if someone’s intentional actions or negligence killed a close family member.
Claims Against Government Entities
Suing the government adds another layer of complication. Most states, including Michigan, have stricter requirements when a public agency or employee is involved. These cases often require written notice within a much shorter period—sometimes just a few months after the injury.
For example, in Michigan, if someone trips on a cracked city sidewalk and wants to sue the local government, they must send notice within 120 days of the incident. When the claim involves state or county government, a six-month notice window applies in many cases.
Failing to send timely notice could mean the lawsuit never gets off the ground, even if the injury was serious.
Exceptions to Statutes of Limitations
Even if the standard deadline has passed, exceptions sometimes allow the court to hear older claims. These carve-outs exist to keep things fair when the plaintiff didn’t know about the injury or couldn’t reasonably take action sooner.
The Discovery Rule
Let’s say you had a surgical procedure five years ago, and only recently found out that a sponge was left inside your body. You didn’t miss the deadline—the statute starts when you discover the injury. This is called the discovery rule.
This exception often applies in medical malpractice, toxic exposure, and some workplace injury cases. However, the law still expects you to act as soon as you have a reason to investigate.
Tolling for Minors and Incapacitated Adults
Children injured in accidents often get more time. Many states—including Michigan—pause the statute of limitations (this is called “tolling”) until the child turns 18. Then, the clock begins, giving them a few more years to take legal action.
The same goes for individuals declared legally incapacitated. The statute doesn’t run until they regain the capacity to understand and act on their legal rights.
Fraudulent Concealment
If the person or organization responsible for your injury actively hid what happened, the law may give you extra time. For instance, if a company tampered with records to cover up its role in your accident, courts might toll the statute until you uncover the deception. What are statutes of limitations becomes especially relevant in these situations—they’re legal time limits on filing a lawsuit, but certain exceptions like fraud or concealment can pause or extend those limits.
Factors That May Affect Your Ability to Sue
Even when the statute of limitations hasn't expired—or you qualify for an exception—other elements can affect whether your case moves forward. Legal deadlines matter, but so does the strength of your evidence, how the injury was documented, and whether the law has shifted since the incident occurred.
Documentation of the Injury and Treatment
Medical records serve as the foundation for nearly every personal injury case. If you received treatment soon after the injury and those records clearly describe what happened, your case is already on solid ground. But if treatment was delayed or spotty—or if medical providers didn’t connect your symptoms to the original incident—proving your claim becomes more difficult.
For old injuries, gaps in documentation can raise doubts. Insurance companies and defense attorneys will argue that your condition was caused by something else. Getting a current medical opinion that supports a connection to the original injury often becomes a critical piece of the puzzle.
Evidence Preservation Concerns with Older Injuries
Time isn't kind to evidence. Photos get lost, videos are deleted, documents go missing, and witnesses forget details. In cases involving defective products, dangerous property conditions, or workplace injuries, preserving physical evidence can make or break the case. If that evidence no longer exists, your legal team has to rely on whatever is still available—statements, reports, and expert analysis.
That doesn’t mean the case is impossible to prove. But it often requires creative legal strategies, strong medical support, and an understanding of how to reconstruct the facts without every piece of the original puzzle.
Changes in Relevant Laws Since the Injury Occurred
Laws evolve. Court decisions and new legislation can reshape how liability works, change who can be sued, or place new limits on what types of compensation are available. In some cases, a change in the law may create new opportunities. In others, it may impose new restrictions that didn’t exist at the time of the injury.
For example, Michigan has seen shifts in personal injury law over the past few decades—particularly in auto accident cases and medical malpractice. Damage caps, no-fault reform, and procedural changes can all affect whether a case can move forward today, even if the injury itself happened years ago.
Legal counsel familiar with both current and past laws can compare your situation to today’s requirements and assess whether your claim still holds up under modern standards.
Steps to Take When Considering Legal Action for an Old Injury
Thinking about suing over an injury from the past might feel like reopening a door that’s been closed for a long time. But if someone else caused your pain and you’re still dealing with the fallout, there may be a path forward. A few deliberate steps can help you understand whether your case still holds weight—and what to do next. Choose the right personal injury lawyer who understands how to evaluate older claims, identify possible exceptions to filing deadlines, and build a compelling case from limited evidence.
Get a Current Medical Evaluation
Start with your health. Schedule an appointment with a doctor to evaluate your current condition. Let them know this injury isn’t new—it’s something that began earlier and has either worsened or remained unresolved. A doctor’s updated notes and diagnosis can help connect your current symptoms to the original harm.
Medical documentation bridges the gap between then and now. If your past treatment records no longer tell the full story, a present-day evaluation helps fill in the blanks and supports the argument that your injury didn’t just appear out of nowhere.
Talk to a Personal Injury Attorney
Legal advice matters more than guesswork. Don’t rely on internet forums or general timelines to figure out if your claim still stands. Reach out to an attorney who handles personal injury cases and ask them to review your situation. Bring your medical records, any paperwork related to the injury, and any photos or contact information for witnesses—whatever you still have.
Even if the statute of limitations appears to have passed, an attorney might identify a valid exception or a workaround based on your circumstances. That’s especially true in cases involving late discovery of harm, ongoing treatment, or actions that were concealed. Questions to ask your personal injury attorney might include: Have you handled older injury claims before? What exceptions to the statute of limitations could apply in my case? How strong is the evidence I still have? What are the next steps if we move forward?
Go Through a Preliminary Case Evaluation
After you’ve contacted a Detroit personal injury lawyer, they’ll typically begin with a preliminary case evaluation. This isn’t a commitment to file—it’s a chance for both sides to determine whether moving forward makes sense. The attorney will ask questions about how and when the injury happened, what kind of treatment you received, how the injury has affected your life, and what kind of evidence still exists.
You’ll likely review things like:
- Medical records (past and current)
- Accident or incident reports
- Insurance claim paperwork
- Witness statements, if available
- Communications with the other party or their insurer
If the attorney believes your claim still has legal standing—and a reasonable chance of success—they’ll walk you through the next steps. That might include sending letters of representation, ordering records, and preparing a demand package for the at-fault party or insurer.
Taking these steps doesn’t guarantee a settlement or court award, but it does put you back in control. The earlier you act, the more options you’ll likely have.
Let Our Experienced Michigan Personal Injury Lawyers Help
Filing a personal injury lawsuit after months—or even years—can still make sense under the right conditions. You might qualify for an exception, especially if you didn’t discover the full extent of your injury right away or the other party tried to hide their role.
The sooner you reach out, the better your chances of building a strong claim. Key evidence might still be recoverable, and medical evaluations can shed light on the long-term consequences of your injury.
At Goodman Acker PC, we’ve helped countless individuals throughout Michigan take legal action after suffering injuries caused by someone else’s wrongful conduct. Our legal team knows how to evaluate older cases, find creative legal solutions, and hold negligent parties accountable.
We take the time to understand your situation, explain your options in plain language, and keep you informed throughout the process. If the other side won’t take responsibility, we’re prepared to take the fight to court.
You don’t have to make this decision alone. Contact Goodman Acker PC for a free case evaluation. We’ll review your injury, your timeline, and your legal rights—and let you know if moving forward makes sense.