- January 8, 2019
- Car Accidents
- Personal Injury
There are certain ways in which the rules vary depend on the type of injuries you suffer and the type of case you wish to file. In order to make the most of your injury claim, you need to know precisely how to file a claim and when. If you were injured in a crash, make sure when you should claim an injury and discover how the Michigan statute of limitations could affect your case.
Michigan Statute of Limitations
In each state, there is a “statute of limitations” that determines when a plaintiff may legally file a lawsuit against someone. These laws vary from state to state, and can vary depending on the type of lawsuit and the type of damages the plaintiff suffered.
The Michigan statute of limitations states that all car accident lawsuits, and most personal injury lawsuits in general, must be filed within 3 years after the incident occurred. This also applies to wrongful death lawsuits, where a family member files a lawsuit on behalf of someone they love who was fatally injured in a car crash. However, the date from which a wrongful death lawsuit begins differs from a personal injury case. For example, a personal injury case would begin the 3 year time limit on the date of the accident, whereas the wrongful death lawsuit could be filed within 3 years of the date of their passing. While there are exceptions to this 3 year limit, they are rare and are only granted in extreme cases.
Advantages of Filing Early
Regardless of the statute of limitations, there are several advantages to filing your claim as quickly as possible. The most important reason to file a lawsuit right after the accident is to preserve evidence. While the case is fresh, you will have time to gather the important evidence with your attorney and find a working strategy to obtain maximum compensation.
Time Constraints & Insurance Claims
In Michigan, the statute of limitations applies only to lawsuit claims, not insurance claims. Michigan is a no-fault car insurance state, which means that any insured driver is eligible to receive compensation for damages after a crash, regardless of who caused the incident. However, the law does require individuals to file a claim within a reasonable amount of time. This time can be flexible, but not always. As a general rule, all insurance claims must be filed within days or weeks of the accident, but this time constraint ultimately depends on the language within each insurance policy. In order to ensure you file your claim in time, always discuss your case with a knowledgeable car accident attorney first.
Contact Goodman Acker P.C. today to get started on your Detroit car accident. Our experienced personal injury lawyers are ready to help you seek maximum compensation.