Wednesday, July 21, 2021

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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