Michigan Personal Injury Lawyer
Michigan Personal Injury Lawyer – Personal Injury Lawyer Michigan
Michigan Personal Injury Attorneys – Michigan Personal Injury Attorney
Personal Injury Attorney Michigan – Michigan Personal Injury Law Firm
Personal Injury Attorney Near Me – Personal Injury Lawyer Near Me
Michigan Personal Injury Lawyer Fighting for Fair Compensation on Your Behalf
When you are injured as a result of another person, company, or entity’s negligence, you have the right to take legal action. A personal injury claim seeks financial compensation for economic and non-economic losses sustained as a result of someone else’s careless, reckless, or intentional actions. Similarly, a wrongful death suit seeks compensation for the surviving family members, loved ones, and heirs of someone who is killed as a result of negligence.
At Moss & Colella PC, we pride ourselves on standing up for injured victims and their families throughout the state of Michigan. Our firm handles a wide range of personal injury cases, from motor vehicle accidents to defective products. Throughout our decades in practice, our Michigan personal injury attorneys have successfully recovered millions of dollars on behalf of our clients.
Call (248) 945-0100 or contact us online to schedule a free consultation at one of our three office locations.
How Long After My Injury Can I Sue in Michigan?
Michigan Lawmakers Have Set Time Limits for Filing These Six Common Types of Personal Injury Claims.
Following a car accident, slip and fall, dog bite, or medical malpractice event, there is a certain amount of time an injured person has before a lawsuit must be filed, and their right for compensation preserved. This period is called a statute of limitations. The statute of limitations is a rule to prevent individuals and companies from suing after too long of a period has passed. Also, the more time that goes by, accident evidence may become intangible and stale, and witnesses forget essential facts or become unreachable to provide testimony.
Every state follows its own statute of limitations, and rules do differ. Michigan lawmakers have instituted various statute of limitations under MCL 600.5805(2), which apply to different types of cases. Below is a list of the statute of limitations for six common kinds of Michigan personal injury cases and lawsuits:
#1- Injury, Pain and Suffering Resulting from a Crash: Under Michigan law, for a claim for injury, pain and suffering following a car, truck, or motorcycle crash, the plaintiff has three years from the date of the accident to recover damages. MCL 600.5805(2).When someone is killed in a car accident, surviving family members can file a wrongful death lawsuit.
The statute of limitations is different for a Michigan personal injury protection (PIP) claim or no-fault claim. In this case, any outstanding no-fault benefits cannot be requested if made more than one year after the date of the accident, unless written notice of the injury has been provided within one year to the car insurance company, or the car insurance company has previously made a payment of PIP benefits for the injury. However, under the revised Michigan no-fault law, this one-year statute of limitations is tolled until the insurance company formally denies the claim. MCL 500.3145(3).
#2 -Slip-and-Fall Accident Injury: Following a slip-and-fall incident, the injured person has three years from the date of the event to file a lawsuit. If filed within that time, the statute of limitations is tolled, and the injured person has preserved his or her right to move forward for a claim for compensation. MCL 600.5805(2). For a building owner to be held liable for his negligence, he must have actual or constructive notice of the danger.
#3- Suing a Landlord for Personal Injury: If a landlord is negligent in keeping a rental in reasonable repair, and a person becomes injured, they will have three years from the date of the injury to file a lawsuit against the landlord and the property management company. Negligence can come in the form of broken stairs or railings, failure to remove ice and snow on stairs or sidewalks, defective porches, security issues, or other types of dangerous conditions. Like any other Michigan case involving negligence, the tenant must prove the landlord failed to maintain the building, and this negligence caused the tenant’s injuries.
#4 -Medical Malpractice or Medical Negligence Claim: Medical malpractice is a form of negligence involving a medical professional. Under Michigan law, a victim of medical malpractice has two years from the date of misconduct to file a lawsuit and protect his or her right to compensation. MCL 5805(8).
With medical malpractice, the discovery rule has an effect in which the plaintiff has an additional six months after the discovery or should have discovered the existence of a medical malpractice claim. However, the plaintiff has the burden of proving the plaintiff neither discovered nor should have discovered the existence of a medical malpractice claim before the expiration of the two years. MCL 600.5838(2).
#5- Personal Injury Caused by Government Municipality Negligence: If injured due to a defective or dangerous roadway, highway, or sidewalk, that is the responsibility of a governmental municipality, such as the city, county, or state, then typically you have two years to file a lawsuit. MCL 691.1411(2). Governmental agencies who fail to repair and maintain a public building under their control and open to the public are also covered under the 2-year statute of limitations period.
The same two-year time limit applies to government-owned vehicles under the “motor vehicle exception” to governmental immunity. For example, if a police officer is distracted while driving, runs a red light and is found at-fault for causing a crash, the regulatory agency the officer works for is responsible for paying those damages.
#6. Assault and Battery: Under Michigan law, the statute of limitations for most assault and battery cases is two years from the date of the act. MCL 600.5805(3). However, the statute of limitations is five years for assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse. MCL 600.5805(4). The statute of limitations is also five years for assault and battery brought by a person in a dating relationship. MCL 600.5805(5). The statute of limitations is ten years for criminal sexual conduct. MCL 600.5805(6).
As you have read, there are many different rules which apply to statute of limitations in Michigan. And in several cases, there can also be time limits in providing notice to a defendant, and failure to do so can jeopardize the entire claim. These extra complications make it worth your time to speak to a personal injury lawyer to help validate your claim under Michigan law. During this time, you should refrain from speaking with any investigators or insurance adjusters who represent the interests of those responsible for causing the accident or your injuries.
Types of Personal Injury Cases We Handle
Our firm represents individuals who have been injured or have lost a loved one due to someone else’s careless or negligent behavior.
At Moss & Colella PC, we handle personal injury and wrongful death cases involving:
- Car accidents
- Catastrophic injuries
- Spinal cord injuries
- Traumatic brain injuries
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Medical malpractice
- Birth injuries
- Nursing home injuries
- Premises liability
- Dog bites
- Sexual abuse and assault
- Workplace injuries
We also regularly assist individuals with Social Security Disability, including filing initial claims and appealing denied claims. Our firm is prepared to help you navigate the legal process, offering compassionate counsel and aggressive representation every step of the way.
What Compensation Can I Recover in a Personal Injury Claim?
If you have been injured in an unexpected accident, you are likely wondering how you are going to be able to pay for your medical bills, especially if your injuries have prevented you from returning to work. At Moss & Colella PC, we can help you pursue the full, fair compensation you are owed.
Depending on the specific circumstances involved in your case, we may be able to help you recover compensation for all of the following:
- Medical bills
- Lost income
- Lost earning ability
- Pain and suffering
- Emotional distress
What is the Statute of Limitations for Personal Injury in Michigan?
All civil lawsuits, including personal injury claims, are affected by a statute of limitations that prevents the plaintiff from filing a lawsuit after a certain amount of time has passed. A statute of limitations is designed to prevent unjust lawsuits, but it can also inhibit injured people from getting the compensation they deserve.
All personal injury and wrongful death claims in Michigan have a three-year statute of limitations that begins at the time the injury or death occurred. Failure to file the initial complaint within this time period will almost certainly result in a dismissal of the case.
Exceptions to the statute of limitations are rare, but can be obtained in the following cases:
- The victim is in a condition of mental derangement (insanity) that prevents them from fully comprehending their rights.
- The plaintiff was underage (under 18) at the time of the injury.
- The defendant leaves the state and is not available to be served.
Is it Important to Go to the Doctor After an Accident?
Being involved in any type of accident is often overwhelming. If you are injured, it is important that you seek medical attention right away. Even if you believe you did not sustain serious injuries, it is still important that you see a doctor after the accident. In some cases, you may be in shock immediately after the accident and not realize the full extent of your injuries. In other instances, injuries may not appear until hours or even days after the accident.
It is always wise to seek medical treatment after the accident if you think you may need to pursue a personal injury claim. This can go a long way in establishing that you were, in fact, injured.
Call Moss & Colella PC Today
Our personal injury lawyers in Michigan can handle every aspect of your case so that you can focus on healing. We have more than 100 years of combined experience and are prepared to put our collective skills, resources, and proficiency to work for you.
At Moss & Colella PC, we can help you pursue the full, fair compensation you are owed.
Moss & Colella PC
Address: 28411 Northwestern Hwy,
Southfield, MI 48034
Phone: (248) 945-0100
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