If you are injured in a mishap in the state of Michigan, you may wonder about your deadline for filing an injury lawsuit, along with other related rulings. The following information can assist you when you consult with an attorney about your rights.
The Statute of Limitations
Like all US states, Michigan has established a statute of limitations for personal injury lawsuits. Therefore, you have three years to file suit. If you fail to make a claim within this time, the court will most likely refuse to hear your case. Normally, this three-year limit begins from the time of the accident. However, if you do not note the injury until after the accident, then the starting time begins on the date of discovery.
Some Stipulations in the Law
When it comes to proving another party negligent, you definitely need the expertise of an attorney. That is because the other party in the case may retort by stating that the fault lies with you. Also be advised – if you are partially at fault, your recovery amount from another at-fault party may be reduced or completely erased.
The reason for this ruling is due to Michigan’s modified comparative fault guideline. This rule is used to settle legal cases where an injured person is found to be partially responsible in a personal injury suit. This ruling applies any time a litigant is found to be partly culpable. In fact, if it is found that the injured party is at least 50% at fault, he or she cannot claim any damages.
Another Provision to Note
In addition, you cannot go to court for a personal injury suit after a car accident unless you suffered a serious bodily impairment or disfigurement. Claims may also be submitted by the family of an injured party who is deceased. In addition, Michigan has also made a provision that permits a plaintiff to file a property damage claim for damages up to $1,000. This mini-tort provision does not cover bodily injuries.
To learn more about personal injury claims in the state, you can reference websites such as Website Domain. Know your rights and contact an attorney if you feel that you have a valid claim.
