A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Michigan for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Michigan lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 6 years.
Libel-Slander-Defamation:
These types of actions must be filed within 1 year from the date of the action.
Medical Malpractice:
All medical malpractice actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury, or within six months of the date the injury was, or should have been, discovered, whichever is later. A suit may not be filed more than six years after the date of the act resulting in the injury. Where the injured party is a minor under the age of 8, the medical malpractice action must be filed within 2 years from the date of the act resulting in the injury, or by the minor’s 10th birthday, whichever is greater. If a minor under the age of 13 suffers an injury to his or her reproductive system, legal action must be within 2 years from the date of the act resulting in the injury, or by the minor’s 15th birthday, whichever is greater. In any other medical malpractice case involving a minor, that minor must file his or her claim within 2 years of the date of the act resulting in the injury, or by his or her 19th birthday. This time-frame shall not be any less than 2 years provided for by the general limitations period.
Personal Injury:
Personal injury actions must be filed within 3 years from the date of the injury. The limitations period is shortened to 2 years when the case involves intentional torts.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 3 years from the date of the injury.
Professional Malpractice:
All actions against professionals must be filed within 2 years of the date of the act resulting in the injury, or within six months of the date the injury was, or should have been, discovered, whichever is later.
Wrongful Death:
Wrongful death actions must be filed within 3 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Michigan, when the injured party is a minor, that minor shall have one year after his or her 18th birthday to file a legal claim. In no event, however, may the time period be reduced to period less than that provided for by the general limitations period for the specific type of action at hand. This approach does not apply in medical malpractice cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane at the time the claim accrues, that party will have 1 year from the time the disability is removed to file his or her claim. However, this 1 year extension will not lessen the general limitations period allowed by the state statute.
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