If a child is injured–whether it be due to medical negligence, unsafe conditions or a defective product–they have the same legal rights and are entitled to the same compensation as an adult. However, the law concerning personal injury to minors is different than for adults.
Today we examine Michigan’s deadlines surrounding personal injury lawsuits for children.
What is the Michigan statute of limitations to file a personal injury claim for minors?
Michigan law lays out very specific guidelines with regard to minors who have suffered an injury. The period of time allowed to file a suit depends on the age of the child and the type of injury suffered:
Generally, for personal injuries to a minor, the law allows you to file a claim up to three years from the date of the injury and up to one year after the child’s 18th birthday. For wrongful death of a minor, there is a three-year window from the date of the incident to file a claim.
In the event of medical malpractice to minors, the rule of thumb is typically that a claim must be filed within two years of the negligence and before the child’s 19th birthday. There are, however, two exceptions to this rule:
- If a child is under 8 years old, a claim may be filed within two years of the incident or by the child’s 10th birthday–whichever is longer.
- In the event of medical malpractice resulting in damage to the reproductive system of a child under 13 years old, a claim may be filed within two years of the injury or by the child’s 15th birthday–whichever is longer.
Coping with the consequences of an unexpected injury to your child can be a stressful experience. An experienced personal injury lawyer can help to ease the process.