How Long Do I Have to File a Personal Injury Claim?

If an accident injures you in Michigan, you need to be aware of important legal deadlines. You may be asking yourself “how long do I have to file a personal injury claim?”

The most crucial deadline is the statute of limitations. The statute of limitations is the legal time limit you have to file a lawsuit. Missing this deadline can mean losing your right to pursue compensation, regardless of how strong your case is.

The General Rule

In Michigan, the statute of limitations for most personal injury claims is three years from the date of injury. This includes cases involving:

Car accidents
Slip and falls
Dog bites
Premises liability
Wrongful death

This means you have three years from the date of accident or injury to file a personal injury claim. If you miss this window, the court will dismiss your case. This means that you won’t receive compensation, even if the other party was clearly at fault.

Exceptions to the Rule

There are some exceptions that can extend the deadline:

**Minors or Legally Disabled Individuals**
If the injured person is under 18 years old, the time limit can be paused. The clock then remains paused until the disability is removed. In most cases, minors have one year after they turn 18 to file a claim.
Example: Max is 17. He is leaving his dad’s apartment in the morning to walk to the bus stop. He slips and falls in the parking lot of the complex because the owner failed to shovel the snow or salt the ice. He broke his arm and had to have surgery and ongoing physical therapy appointments. In this case, Max would have until his 19th birthday to file a personal injury claim himself. Max’s dad can choose to file a lawsuit on behalf of him, but because he is a minor, Max is granted that additional year on top of the usual statute of limitations. This gives him until 1 year after his 18th birthday to have filed a claim.
Discovery Rule: In some cases, injuries or their causes aren’t obvious right away. Michigan law starts the statute of limitations when the injured party discovers the injury. It can also start when someone should have reasonably discovered it.
Example: Rita is driving home after work and is in a fender bender with another car. She has a couple of bruises, but nothing major, so she exchanges insurance information and heads home. A few weeks later, Rita wakes up and is unable to turn her head without pain, so she goes to the doctor. It turns out that she has a herniated disc in her neck and will need injections to manage pain. In this case, the statute of limitations would start when she discovered the injury, and not necessarily when she got into the accident.
Defendant Leaves the State: If the person who caused your injuries leaves the state, you can pause the time limit.
Example: After Max slipped and fell in the parking lot of his dad’s apartment complex, they tried to contact the owner of the building, but he was on a cruise for the next three weeks. In this case, the statute of limitations could be paused until the building owner returns.
Fraudulent Concealment: If the defendant actively hides their wrongdoing or identity, you have two years from the date of discovery to file a claim.
Example: Rita realizes that the driver of the other vehicle gave her false details when they exchanged insurance information. In this case, she is unable to file a claim immediately because she was unable to contact the other driver’s insurance company. This will extend her statute of limitations because the other driver purposefully concealed their identity.

Medical Malpractice Exceptions

Medical malpractice cases in Michigan follow a different statute of limitations than general personal injury claims. In most cases, you must file a medical malpractice lawsuit within two years from the date the alleged malpractice occurred.

Important exceptions can extend this deadline:

Delayed Discovery: If you did not find the malpractice within two years, you can still file a claim. Michigan’s “discovery rule” allows this. This rule allows you an additional six months from the date of discovery, even if the two years have already passed.
Example: Sarah goes in for a knee surgery in March 2022. Everything goes as planned and she is recovering with physical therapy. In June 2024 Sarah begins to notice that her knee is swelling and is painful. She goes back to the doctor to be evaluated and it is revealed that there was malpractice. Normally, she would have until March 2024 to file a claim, but because she did not discover the malpractice until after the statute of limitations had passed, she now has until December 2024.
Fraudulent Concealment: If the healthcare provider hides the malpractice, the court can extend the time limit for filing.
Example: If Sarah’s doctor hid mistakes during the surgery, she would have six more months to file her claim. If she didn’t learn about the malpractice until years later, she would have six months to file a claim after discovering it.
Reproductive Harm Exception: Michigan law allows you extra time to file a claim. This applies if malpractice has caused a permanent injury to your reproductive organs. This injury must stop you from having children.
Example: Jane is a 30-year-old woman. She had surgery that caused damage to her reproductive organs, which could have been avoided. She is now unable to naturally conceive, even though she wanted to have children. Since her injury made it impossible for her to have children, she might have more time to file a claim.

Please note that these medical malpractice exceptions are subject to something called the statute of repose. This is essentially a “cap” on how long you can file a claim. For medical malpractice cases, the statute of repose in the state of Michigan is six years. This means that you can file a claim for a maximum of 6 years from the date of malpractice.

Medical malpractice cases are complex and time-sensitive. Talking to an experienced attorney as soon as possible is important.

What Do I Do if I Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the court will dismiss your case.

Don’t Wait – Talk to a Lawyer Early

Even if you think you have plenty of time, it’s best to speak with an attorney as soon as possible. Building a strong case takes time. Early legal guidance can help preserve evidence, protect your rights, and avoid costly mistakes.