Michigan Personal Injury Law
Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage
- Personal Injury – 3 years from the discovery of the injury
- Damage to Personal Property – 3 years
- Medical malpractice – 2 years from the date of the injury or 6 months from when the injury was discovered. But, not more than 6 years total.
- Legal malpractice – 2 years
- Other professional malpractice – 2 years
Where to Sue:
- Personal injury claims under $3,000–Michigan Small Claims Court
- Personal injury claims between $3,000-$25,000-Michigan District Court
- Personal injury claims over $25,000-Michigan Circuit Court
How to Sue:
Small Claims Court:
- Forms:
Michigan Affidavit and Claim (Form DC 84)
- Where to file: In the small claims court where the defendant resides, conducts or where the injury occurred.
- How to notify the defendant (service): Ask the Small Claims Court Clerk to mail a Michigan Affidavit and Claim form to the defendant by certified or registered mail return receipt requested. You may also ask the clerk to mail it for you for a fee. Alternatively, a sheriff or a disinterested adult may personally serve the defendant.
- Proving the defendant was notified: If the defendant was served by mail, a certified or registered mail card is sufficient proof of service. If the defendant is personally served by a sheriff, or other disinterested adult, the process server should sign and file the Affidavit of Service with the Small Claims Court at least 7 days prior to the hearing.
- Attorneys: Attorney representation at a trial in small claims court is prohibited in Michigan
- Appealing a small claim: Neither party may appeal the decision of a Michigan Small Claims Court.
Michigan District Court: Due to the complex nature of filing a personal injury lawsuit, it is important to get advice from personal injury attorney to prevent adverse consequences like having your claim dismissed or losing your right to sue completely for reasons such as passed statutes of limitations, among others.
- Forms: State of Michigan
Summons and Complaint
- How to File: File the Michigan Summons and Complaint with the Michigan District Court Clerk in the district where you intend to sue, and pay the filing fee. The clerk will stamp the forms.
- How to Notify the Defendant: A sheriff or disinterested adult must hand the stamped Michigan Summons and Complaint to the defendant. The Michigan Summons and Complaint may also be mailed to the defendant by registered or certified mail.
What to Do if You Are Being Sued:
- Time to respond to a Summons in Michigan: 21 days.
- Consult a lawyer for advice.
- Notify your insurance company if your injury is connected with an occurrence at your home or place of employment. If you have insurance coverage for your claim, your insurance company may provide you with a lawyer.
What to Do if a Judgment Was Entered Against You:
If you do not reply to a Michigan Summons and Complaint in Michigan within 21 days of receiving the service of process, a default judgment may be entered against you. The plaintiff will succeed in his suit and you must pay what the plaintiff seeks in damages.
- Time to Set Aside a Judgment in Michigan:
- A Michigan District Court can set aside a judgment if the defendant was not properly notified of the suit, for mistake, inadvertence, surprise, or excusable neglect, or for fraud or newly discovered evidence for up to one year after entry of the judgment
- You must file to set aside a default judgment in Michigan District Court within 21 days of the entry of judgment
- Don’t delay in consulting an attorney if a default judgment has been entered against you.
Ways to Collect Your Judgment:
- If you are successful in your Michigan personal injury lawsuit, you may collect your judgment by asking the court to set up a payment plan. If the defendant does not pay, you can make arrangements to seize the defendant’s property or garnish his wages or bank accounts.
- Ask a Michigan debt collection attorney for advice, and to help you collect your judgment.