What is a Statute of Limitations?
A statute of limitations is a legal timing mechanism that creates a cut-off date for when a claim may be filed in court. Fairness and judicial economy dictate the need for such rules. No defendant should have to defend himself against a claim for an injury that occurred thirty years ago. Practically speaking, trying or defending such a case would be extremely difficult as evidence may be destroyed or tainted, and witnesses are unlikely to be able to accurately reflect upon key issues in a case that they may have once had knowledge about.
When Does My Right to File a Personal Injury Case Extinguish?
The timing requirements for statutes of limitations may vary depending on the kind of case. What follows is a list of the timing requirements for a wide variety of cases involving personal injury:
• Assault or Battery: 2 years
• Domestic Violence: 5 years
• Dram Shop Actions (personal injury or death as a result of unlawfully selling or giving alcohol to a minor or visibly intoxicated person): 2 years
• Negligence: 3 years
• General Products Liability: 3 years
• General Premises Liability: 3 years
• Uninsured Motorists; Motor Vehicle Accident Claims Fund: 3 years, 6 months
• Wrongful Death: 3 years
• Dog Bite Cases: 3 years
• Social Host Personal Injury Cases: 3 years
• Third-Party No-Fault: 3 years
• First-Party No-Fault: 1 year
If you have been injured, it is important to contact an attorney at (248) 588-3333 as soon as possible to determine whether you should file a claim. As you can see from looking at some of the various statutes of limitations in personal injury cases, the timing requirements for one tort may be very different from another. It should be noted that the number of years listed above should not be considered legal advice. Other factors may modify these timing requirements. Only an experienced attorney can inform you of what the timing requirements will actually be as applied to your case. Factors that impact the applicable statute of limitations include, but are not limited to: when your injury accrued, the type of injury, the cause of your injury, or when your injury was first discovered or diagnosed. For more information, please visit us at Personal Injury attorneys in Michigan or call our law firm at (877) 737-8800 (toll-free).