When it comes to filing a personal injury claim after an accident,the outcome of the claim is not just determined by the circumstances of the accident,but also the laws that govern the state in which the accident took place. As laws vary from state to state,it is wise to enlist the help of a top personal injury lawyer who is well versed in the state’s laws. The statute of limitations for Michigan personal injury claims and their negligence laws will determine the outcome of your personal injury claim filed within the state.
Michigan Statute of Limitations
Michigan has a statute of limitations on personal injury claims that lasts three years. Generally,that three-year time limit is initiated on the day of the accident. There are cases,however,where an individual does not discover their injury until after the accident,and in these instances,the three-year clock starts on the day they discovered their injury; this is known as the ‘date of discovery’.
If you are filing a claim against a state government agency,you have six months to file your claim. If your formal claim is denied or not acted upon,you have two years to file a lawsuit.
Michigan’s Comparative Negligence Laws
In regards to negligence,Michigan governs itself under the doctrine of comparative negligence which gauges a person’s entitlement to damages based upon their involvement in the cause of the accident. This is referred to as modified comparative fault,and this relates to cases where the injured party is partly to blame for the accident. The injured party’s entitlement to damages will be altered based upon their share in the negligence. The more negligent they are,the less they will receive. If the injured party is found to be 50 percent or more negligent,they have no rights to collect any amount of compensation.