Can the Michigan Personal Injury Statute of Limitation be Modified?

A lawyer with a background in law enforcement, John Biernat serves the Padilla Law Group as an associate attorney. In this role, Attorney John Biernat handles cases involving auto negligence and personal injury.

A personal injury case is a legal claim resulting from a slip or fall, car accident, or any incident that caused harm to the claimant because of the respondent’s conduct. However, the claimant must file a civil lawsuit to claim damages before the statute of limitation expires.

In Michigan, the Michigan Compiled Laws section 600.5805 governs the state’s personal injury statute of limitations. This section states that a personal injury claim must be filed within three years of the injury date or death. Furthermore, the section has categorically stated that the three-year limitation period may be modified when any of the following instances occur:

1. The claimant is “insane” at the time of the accident, in which case, he or she has one year to file a personal injury claim after the period of “insanity” is over. “Insane,” in this context, involves mental derangement which might prevent the claimant from understanding his or her rights, and is not dependent on whether or not the court has declared him or her to be “insane.”

2. The claimant was unable to serve the personal injury lawsuit because the respondent left the state of Michigan at any time after the accident and before the claimant has formally filed a personal injury claim, provided that the respondent has been away for more than two months. In this case, the period of limitation will begin to run only when it has been established that the respondent has entered the state of Michigan.

3. The claimant was under 18 years old at the time of the accident, in which case, he or she has one year to file a personal injury claim after turning 18 years old.

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Sigma Chi Launches Transformational Leader Program

Former police officer John Biernat serves as an associate attorney at Padilla Law Group, a law firm based in Birmingham, Michigan. John Biernat is an alumni member of good standing of the Alpha Kappa Chapter of the Sigma Chi Fraternity.

In June 2021, Sigma Chi Fraternity announced the launch of a new program called Transformational Leader. It makes Sigma Chi the first fraternity to offer its members a character and leadership education program.

The Sigma Chi Leadership Institute runs the program, which is a candidate for accreditation by one of the United States Department of Education’s accrediting bodies. The coursework shows up on the participants’ college transcripts. Furthermore, attendees will earn nine stackable certificates, culminating in the Certificate of Transformational Leadership.

During the announcement, outgoing Grand Consul Steve Schuyler said that the Transformational Leader program ushers Sigma Chi the Era of the Transformational Leader, which will be implemented under the leadership of incoming Grand Consul Tim Sanderson. “We will be build a better world when we help build people of character out of today’s leaders,” Sanderson added.

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Virtual Support Groups by the State Bar of Michigan

John Biernat, a Michigan-based attorney working in Detroit, practices with Padilla Law Group where he previously worked as a paralegal. In 2021, John Biernat received admission to the State Bar of Michigan, after having earned his JD from Detroit Mercy Law.

The State Bar of Michigan launched a virtual support group for its members in February 2021. While the group was established in response to the challenges that attorneys were facing due to the COVID-19 pandemic, it aims to address professional well-being in general. The discussions are organized into eight-week series, whose sessions delve into a particular issue that Michigan lawyers face. Participants connect to the support group through a confidential, HIPAA-telehealth compliant platform; they can attend individual sessions for $5 or sign up for the full eight-weeks for $30.

“Resilience through a Pandemic” was the first conversation topic, which explored the ongoing struggles that legal professionals were facing with COVID-19, and how to navigate them. For all meetings, clinical case managers from the State Bar’s Lawyers and Judges Assistance Program serve as facilitators for connecting attorneys with experts and peers who can help them navigate the difficulties that arise for many lawyers, and work toward coming up with solutions.

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