The amount of time that you have to file a civil lawsuit in Michigan depends on your case. For civil cases, the statute of limitations ranges from three to 10 years. A Michigan civil litigation lawyer can review your case and explain if you are still eligible to file a claim.
If you are considering a civil claim, consult with the team at White Law PLLC. Contact us today to request a consultation with our Michigan civil litigation attorney. Also, we provide answers to some of the most common questions we get about how long you have to file a civil lawsuit below.
How Long Do You Have to File a Lawsuit for a Personal Injury in Michigan?
Per Michigan Compiled Laws §600.5805, there is a three-year statute of limitations for most personal injury lawsuits. This means you have a maximum of three years from the date you suffer an injury to sue anyone responsible. If you decide against submitting a claim within this period, you are solely responsible for any injury-related costs.
As an example, you can get into a car accident due to no fault of your own and suffer an injury. In this example, you have up to three years from the date of your crash to file your claim. The window for submitting your auto crash personal injury lawsuit cannot be extended, either.
To find out if you are eligible to file a personal injury lawsuit, meet with a civil litigation lawyer in Michigan. White Law PLLC can take a look at your case and help you decide if now is the right time to file your lawsuit. For more information, get in touch with us.
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How Does Michigan’s Personal Injury Statute of Limitations Apply to Different Types of Cases?
You can suffer a personal injury for many reasons. In most instances, the statute of limitations for injury claims will apply. Here are some of the types of cases where you have up to three years from the date of your injury to sue for damages:
- Car accident
- Dog bite
- Motorcycle accident
- Nursing home abuse
- Premises liability
- Slip and fall accident
- Truck accident
If you get hurt due to someone else’s negligence, do not wait too long to submit your claim. You have only a limited amount of time for filing a lawsuit. A civil litigation lawyer can examine your case and determine if you are still within the statute of limitations for asking for compensation.
Of course, when you sue for compensation due to a personal injury, the legal process can be lengthy. A defendant or their insurance company may do everything they can to avoid paying your damages. Regardless, your lawyer advocates for you, protects your legal rights, and makes sure that you do whatever is required to pursue your claim to the fullest extent.
How Long Do You Have to File a Lawsuit for a Wrongful Death in Michigan?
According to Michigan Compiled Laws §600.5852, the statute of limitations for wrongful death claims is three years. There are some exceptions to this statute. For example, in a case where a plaintiff alleges medical malpractice, the personal representative of the deceased person (decedent) can submit a claim within two years of when letters of authority are issued.
A spouse, child, parent, or other blood relatives of a decedent may be eligible to file a wrongful death lawsuit. They may submit a lawsuit if they were named a personal representative of the deceased person’s estate. If the decedent had a will in place, any heir of their estate has the right to prepare a claim.
Even if you are eligible to file a wrongful death claim and do so within the statute of limitations, you must be able to show that the defendant was negligent. To prove a wrongful death, you can gather evidence and witness statements. A civil litigation lawyer in Michigan can also help you build your argument.
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How Do I File a Civil Lawsuit in Michigan?
A civil litigation attorney in Michigan can discuss your legal options with you and help you submit your claim before the statute of limitations lapses. They can guide you through the steps involved in filing a lawsuit. Here are the steps that need to be completed to move forward with your civil case:
1. You File Your Complaint
You submit your complaint to a district, circuit, or probate court. Next, the court issues a summons, and a copy of your complaint is served to the defendant. At this point, the defendant has 21 days to respond.
2. The Defendant Responds to Your Complaint
You have no control over how the defendant will address your complaint. This individual may choose to fight back against the case against them. The defendant also has the option to not respond at all, which may lead the court to enter a judgment in your favor by default.
3. You Prepare Your Case
During the discovery phase, you and the defendant can collect evidence to support your respective arguments. Your attorney may conduct depositions or interrogatories. They can work with you to strengthen your case and get ready for your trial.
Just because you file a lawsuit and develop a case against a plaintiff does not mean that you will have to go to trial. For instance, you and the defendant can engage in negotiations leading up to your personal injury case trial. If you and the defendant come to terms with a personal injury settlement, you can get compensation and avoid a trial altogether.
You will always work directly with your attorney throughout your case.
Do I Need to Hire a Lawyer to File My Civil Claim?
You can file a claim without a lawyer. However, doing so may be more trouble than it is actually worth. This is due to the fact that an attorney understands Michigan’s legal system and can help you address any problems that can come up during your litigation.
If you partner with a lawyer who has a track record of great case results, you can minimize your risk of legal mistakes. Your lawyer can help you prepare your argument and collect a preponderance of evidence. They can also answer any legal questions you have at any point during your litigation.
For those who are considering a civil claim, meet with an attorney from White Law PLLC. We can connect you with an experienced civil litigation lawyer right away. To schedule a case consultation, contact us today.
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