Statute of Limitations in Michigan

Every legal claim has an expiration date. In Michigan, the statute of limitations sets the deadline for filing a lawsuit after an injury occurs. Miss this deadline, and the court will almost certainly dismiss your case permanently, regardless of how clearly the other party was at fault or how severe your injuries are. Understanding these time limits is essential for protecting your right to compensation.

Personal Injury: Three Years

Under MCL 600.5805(2), the general statute of limitations for personal injury claims in Michigan is three years from the date the injury occurred. This applies to most negligence-based claims, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall injuries
• Dog bites
• Assault and battery (intentional torts)

The three-year clock generally begins on the date of the accident. If you were injured in a car crash on March 15, 2024, you must file your lawsuit on or before March 15, 2027. While three years may seem like ample time, the reality is that building a strong case requires investigation, medical treatment, and negotiation. Starting the process early gives your attorney the best chance of achieving full compensation.

Medical Malpractice: Two Years

Michigan imposes a shorter deadline for medical malpractice claims. Under MCL 600.5805(8), you have two years from the date of the alleged malpractice to file suit, or six months from the date you discovered (or should have discovered) the injury, whichever is later. However, there is an absolute outer limit: no medical malpractice claim can be filed more than six years after the date of the act or omission that caused the injury.

Medical malpractice cases also have an additional procedural requirement: before filing suit, you must provide the healthcare provider with a Notice of Intent (NOI) to file a claim. This notice must be sent at least 182 days before the complaint is filed. The statute of limitations is tolled (paused) during this 182-day waiting period, but this means your attorney must send the NOI well before the two-year deadline to preserve your claim.

Wrongful Death: Three Years

Under MCL 600.5805(2), wrongful death claims in Michigan must be filed within three years of the date of death. This is the same general period as other personal injury claims, but the clock starts on the date of death rather than the date of the incident that caused the fatal injuries, which may be different if the victim survived for some time after the initial injury.

Wrongful death claims are brought by the personal representative of the deceased person's estate on behalf of surviving family members. If no estate has been opened, the family must first petition the probate court to appoint a personal representative before the wrongful death lawsuit can be filed. This administrative process takes time, making early legal consultation critical.

Tolling for Minors

Michigan law provides special protections for injured children. Under MCL 600.5851, if the injured person is a minor (under 18 years old) at the time of the injury, the statute of limitations does not begin to run until they turn 18. This means a child injured at age 10 would have until age 21 to file a personal injury lawsuit (three years after turning 18).

For medical malpractice claims involving minors, the child has until their eighth birthday or the standard statute of limitations period, whichever is later. This special provision recognizes that children and their parents may not immediately recognize the full extent of medical injuries.

Important note: while the statute is tolled for minors, this does not mean families should wait to pursue a claim. Evidence deteriorates over time, witnesses become harder to locate, and memories fade. If your child has been injured, consult an attorney as soon as possible.

The Discovery Rule

In some situations, an injury is not immediately apparent. Michigan's discovery rule provides that the statute of limitations does not begin to run until the injured person discovers, or through reasonable diligence should have discovered, both the injury and its cause. This rule is most commonly applied in medical malpractice and product liability cases where the harm manifests gradually.

For example, if a surgeon left a surgical instrument inside a patient and the patient did not experience symptoms until two years later, the statute of limitations would begin when the patient discovered (or should have discovered) the foreign object, not when the surgery was performed. However, the six-year outer limit for medical malpractice claims still applies.

The discovery rule is narrowly applied by Michigan courts, and you bear the burden of proving that you could not have reasonably discovered the injury earlier. Simply not knowing you had a legal claim is not sufficient to invoke this rule.

Government Entity Claims: Six-Month Notice Requirement

If your injury was caused by a government entity or government employee acting within the scope of their employment, Michigan law imposes an additional and much shorter deadline. Under MCL 691.1404, you must file a written notice of your claim with the government entity within six months of the date the claim arose.

This notice requirement applies to claims against:

• The State of Michigan
• Counties and cities
• Townships and villages
• Public school districts
• State and local police departments
• Public hospitals
• Road commissions (for dangerous road conditions)

The notice must include specific information: the time and place of the injury, the nature of the defect or condition that caused it, the injuries sustained, and the names of known witnesses. Failure to file this notice within six months will bar your claim entirely in most circumstances, regardless of how much time remains on the general statute of limitations.

Road defect claims are among the most common government liability cases in Michigan. If a pothole, uneven pavement, or missing signage caused your accident, the six-month notice clock is already ticking.

Other Important Deadlines

No-Fault PIP Benefits: While not technically a statute of limitations for a lawsuit, Michigan PIP benefits have their own filing deadlines. Under the reformed no-fault system, you must submit PIP claims within one year of the date the expense was incurred.

Property damage: Claims for property damage (such as vehicle damage in a car accident) have a three-year statute of limitations under MCL 600.5805(2).

Product liability: Product liability claims generally follow the three-year personal injury timeline, running from the date of injury.

Why You Should Not Wait

Even though you may have years to file, there are compelling reasons to begin the legal process promptly:

• Physical evidence disappears. Surveillance footage is overwritten, accident scenes change, and vehicles are repaired or scrapped.
• Witnesses forget details or become impossible to locate.
• Medical records are clearest when treatment is sought promptly after an injury.
• Insurance companies view delayed claims with suspicion.
• Your attorney needs time to investigate, negotiate, and prepare for potential litigation.

The personal injury lawsuit timeline from start to resolution typically spans one to three years. If you wait until near the deadline to hire an attorney, they may be forced to rush the investigation or file the complaint before the case is fully developed.

If you have been injured in Michigan, contact a personal injury attorney as soon as possible to ensure your rights are protected and no deadlines are missed.