In Michigan, there are several different crucial time constraints that must be met throughout the course of a personal injury lawsuit. Missing any of these time constraints can be extremely detrimental in any personal injury case, commonly resulting in a complete dismissal. Hiring an attorney who understands these time constraints and knows how to strategically time each stage of your lawsuit can be the difference in maximizing the value of your case, or losing your right to compensation altogether.
Statute of Limitations
In Michigan, the statute of limitations for a third party lawsuit in a personal injury case is three years. This essentially means that you must file your lawsuit against the responsible party within three years of your injury/accident. However, the statute of limitations for your PIP (personal injury protection) benefits is only one year, meaning that you have one year to file a lawsuit against your own insurance company for medical bills, wages lost, etc. If you fail to meet these timelines, you will most likely lose any right to compensation for your injuries as you are unable to file a lawsuit once you have passed the deadline.
Several exceptions exist within these rules, such as for claims involving minors. If the person injured is under 18 at the time of the accident, the statute of limitations is essentially paused until the minor turns 18. After turning 18, the individual generally has one year to file a lawsuit. There are also exceptions/extensions to these rules if the injured individual is mentally incapacitated, out of state, incarcerated, etc.
Filing a Complaint
Once the complaint/lawsuit has been filed against the responsible party, you generally have 90 days to serve the defendant. Your case may be dismissed by the court if you are unable to correctly serve the defendant within this 90 day period.
Discovery Deadlines
Once the lawsuit has been filed and litigation has begun, your case will move into the discovery phase. Discovery is the formal process in which both sides exchange information regarding the accident. This gathering of information can be done through interrogatories, requests for documents, medical examinations, depositions, and more.
Within this phase there are also some time constraints that each side must follow in order to avoid receiving sanctions, missing out on important evidence, or getting your case dismissed altogether.
However, these deadlines are not state law. Each court has different rules regarding discovery, but the deadlines tend to be very similar from court to court. There are usually deadlines for every stage of the discovery process including:
- Initial disclosures (30-60 days after first pretrial conference)
- Written discovery/Interrogatories and Document Requests (30-60 days after the case starts with 28 days to respond)
- Depositions (Must be completed before the discovery cutoff)
- Expert Witness Disclosures (60-90 days before the discovery cutoff)
- Expert Witness Rebuttal (30 days later)
- Independent Medical Exams (30+ days before the discovery cutoff) Most courts impose a final discovery deadline between 120-180 days after the complaint was filed at which no further discovery is allowed.
Motions and Court Responses
Parties are typically given 21-28 days to respond to motions and court orders. Failure to meet this deadline may result in default rulings or dismissal.
Trial Scheduling
Courts also issue scheduling orders when the case starts that include strict deadlines for:
- Expert Witness Disclosures
- Filing dispositive motions
- Pretrial conferences
- Mediation or settlement discussions
If your case were to go to trial, the final pretrial conference is usually held 1-4 weeks before the trial, and the trial itself is usually 12-24 months after the lawsuit has been filed.
Appeals
Then, if you are unhappy with the verdict you received after trial, you must send a notice of an appeal within 21 days of the final judgement or order. However, this number can fluctuate slightly based on what court you are in.
As demonstrated above, there are several important, in-depth deadlines that must be met throughout the course of a personal injury lawsuit, making it extremely important to hire an experienced lawyer that understands all of the possible deadlines and how to time each step of the case to maximize compensation.
Get David Get Paid
At Femminineo Law our experienced team of injury lawyers know everything there is to know about personal injury. With over 100 years of combined experience specializing in personal injury, we can guarantee that we will get the maximum amount of compensation possible for you and your family while you focus on your recovery. Don’t face the complications of the legal process alone, call the attorneys with a lifetime of experience. Call us today at 855-65-CRASH or visit our website for a free consultation today!
