If you were struck by a vehicle while walking in Michigan, you may be eligible to file a pedestrian accident claim for compensation. However, your right to a financial recovery doesn’t last forever. Like every state, Michigan has strict time limits for when you can file a lawsuit after a pedestrian accident. Missing the applicable deadline could mean losing your right to seek damages altogether.
Learning about these deadlines is essential to protecting your claim, as is hiring an experienced Troy pedestrian accident attorney to guide you through the process.
Michigan’s Statute of Limitations for Pedestrian Accident Lawsuits
In Michigan, the general statute of limitations for personal injury cases, including pedestrian accidents, is three years from the date of the injury. This means you typically have three years to file a lawsuit in court against the at-fault driver or any other liable party.
If you fail to file your lawsuit before this three-year period expires, the court will likely dismiss your case, regardless of how strong your evidence may be. Once that happens, you will most likely lose your legal right to recover compensation for your economic and non-economic damages.
This rule applies to most pedestrian accident cases, but there are a few key exceptions that can either shorten or extend the time you have to take legal action. A pedestrian accident lawyer can ensure all deadlines are met and your claim is filed properly.
Exceptions That Can Affect the Statute of Limitations
Although the standard rule is three years, certain circumstances can change the filing window. These include:
- Minors and incapacitated individuals: If the injured pedestrian is under 18 or legally incapacitated at the time of the crash, the clock may not start running until they turn 18 or regain capacity.
- Government defendants: If the at-fault party is a government agency and/or employee, you must generally act much faster (sometimes within just 120 days, depending on the case).
- Wrongful death claims: If a pedestrian accident results in death, the personal representative of the victim’s estate typically has three years from the date of death to file a wrongful death lawsuit.
Since these exceptions can significantly alter your rights, it’s always best to speak with an experienced pedestrian accident attorney as soon as possible.
What About Insurance Claims for a Pedestrian Accident?
Michigan’s no-fault insurance system has its own deadlines that are separate from the statute of limitations. While you generally have three years to file a lawsuit against the at-fault party in court, you must usually file your personal injury protection (PIP) claim with your own insurance carrier within one year of the accident.
That said, there are exceptions here as well that could apply. For instance, you may need to have your insurance claim completely finalized before the three-year time limit to protect your legal rights. Your pedestrian accident lawyer can help you navigate both insurance deadlines and court filing requirements.
Contact a Troy Pedestrian Accident Attorney for Legal Help
If you or a loved one were hit by a vehicle in Michigan, don’t wait to get legal advice. The clock starts ticking the moment your accident occurs, and valuable evidence can disappear quickly.
At Khamo Law, our pedestrian accident lawyers have decades of experience and have recovered more than $30 million for our clients since our founding. Call our Troy pedestrian accident attorneys today at (248) 466-0606 or complete our online contact form to schedule a free consultation.