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How Long Can You Wait to File a Claim in Your State?

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You may be entitled to compensation if you've been injured or harmed because of someone else’s actions—whether through a car accident, medical malpractice, or another form of negligence. But time is not unlimited. Every state sets a legal deadline, known as the statute of limitations, determining how long you must file a claim.

At Grewal Law PLLC, one of the most common questions we hear from potential clients is: “How long do I have to file?” The answer depends on the type of case and where it occurred. Here’s what you need to know—and why acting sooner rather than later is always in your best interest.

Understanding Statutes of Limitations

A statute of limitations is a legal time limit that applies to civil claims. Once that deadline passes, you may be unable to bring a lawsuit—even if you have a strong case. These laws are meant to ensure fairness and prevent claims from being filed too long after the incident, when evidence may be harder to gather or witness memories may fade.

While every state sets its statutes, here are a few common examples:

  • Personal Injury (e.g., car accidents, slip and falls): Usually 2–3 years from the date of the injury
  • Medical Malpractice: Often 1–2 years from the date of the negligent act or discovery of harm
  • Wrongful Death: Typically 2–3 years from the date of death
  • Product Liability: Usually 2–4 years from when the injury occurred

Keep in mind: some states allow for discovery rules, meaning the clock may start when you first realize you were harmed—not necessarily the date of the incident. This can apply in cases involving surgical errors, toxic exposure, or delayed diagnoses.

Special Rules for Minors and Other Exceptions

There are some exceptions to the standard time limits. For example:

  • Minors: If a child is injured, the statute of limitations may be paused (or “tolled”) until the child reaches a certain age—often 18.
  • Incapacitation: If the injured party is mentally or physically unable to file, courts may allow extra time.
  • Government Entities: If your claim involves a public agency or employee (such as a city vehicle or public hospital), shorter deadlines and special notice requirements often apply—sometimes as little as 60–180 days.

This is why speaking with an experienced attorney as soon as possible is essential. Missing a key deadline—even unintentionally—can permanently bar you from pursuing justice.

Why You Shouldn’t Wait to Get Started

Waiting is risky, even if you technically have months or years to file. Here's why:

  • Evidence can disappear. Surveillance footage gets erased, documents get lost, and witnesses move or forget what they saw.
  • Insurance companies will delay. The longer you wait, the more they may question the severity or cause of your injuries.
  • You risk missing important steps. Many claims involve notice requirements, medical evaluations, or other preliminary actions that must happen well before a lawsuit is filed.

Michigan Personal Injury Lawyers

Early action gives your legal team more time to investigate, collect evidence, consult with experts, and build the strongest possible case on your behalf.

Don’t let the clock run out on your rights. Contact Grewal Law PLLC for a free consultation if you’ve been injured or harmed. We’ll help you understand your state’s deadlines and guide you through every step of your claim. Contact us today at (888) 211-5798 to get started. 

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