Michigan Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Michigan injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Michigan
- Deadline to sue for an injury
- Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; MCL 600.5805(2), (3), (6), (8)
- Fault rule (comparative negligence)
- Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain… MCL 600.2959; MCL 500.3135(2)(b)
- Wrongful death deadline
- Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has… MCL 600.5805(2), 600.5852
- Minimum car insurance
- Michigan is a no-fault state. For policies issued after July 1, 2020, default liability limits are $250,000 per person and $500,000 per accident for bodily injury, and $10,000 for property damage; MCL 500.3009, 500.3107c, 500.3135
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct. Source: MCL 600.5805(2), (3), (6), (8) |
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| Deadline to sue for property damage | Three years after the time of the injury for actions to recover damages for injury to property. Source: MCL 600.5805(2) |
| Medical malpractice deadline | Two years for malpractice, with the claim accruing at the time of the act or omission (not discovery). A claim may also be filed within 6 months after the patient discovers or should have discovered it, if later, but no later than 6 years after the act or omission (with exceptions for minors, fraudulent concealment and loss of a reproductive organ). A wrongful death claim based on malpractice may be filed by the personal representative within 2 years after letters of authority are first issued, but no later than 3 years after the limitation period ran. |
| Wrongful death deadline | Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran. Source: MCL 600.5805(2), 600.5852 |
| Suing the government | State: a written claim or notice of intent to file a claim must be filed with the clerk of the Court of Claims within 1 year after the claim accrues, and for property damage or personal injury claims within 6 months after the event; the notice must be signed and verified and describe the time, place, nature of the claim and damages, and the agency involved. Defective highways: as a condition of recovery, a notice describing the exact location and nature of the defect, the injury and known witnesses must be served on the governmental agency within 120 days after the injury (180 days for a person under 18). No general statutory dollar cap was found. Highway notice: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-691-1404 Source: MCL 600.6431; MCL 691.1404 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault. Source: MCL 600.2959; MCL 500.3135(2)(b) |
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| Damage caps | No general cap applies to all injury cases, but noneconomic damages are capped in medical malpractice and product liability cases (base amounts of $280,000, or $500,000 for the most serious injuries, adjusted annually by the State Treasurer for inflation). In a product liability case, the higher cap does not apply if the death or loss resulted from the defendant's gross negligence. In auto accident cases, noneconomic damages are available only for death, serious impairment of body function or permanent serious disfigurement. |
| Medical malpractice caps | Yes. Total noneconomic damages for all plaintiffs against all defendants may not exceed a base amount of $280,000, or $500,000 if the patient is hemiplegic, paraplegic or quadriplegic from brain or spinal cord injury, has permanently impaired cognitive capacity, or has permanent loss of or damage to a reproductive organ causing inability to have children. These limits are adjusted every year by the State Treasurer for inflation, so the current amounts are higher. Economic damages are not capped. Source: MCL 600.1483 |
Wrongful death
| Who can sue for wrongful death | The action must be brought by the personal representative of the estate. Those who may share in damages include the spouse, children, descendants, parents, grandparents, brothers and sisters (or, if none survive, those who would inherit under intestacy law), the children of the spouse, and certain people named in the will. The court approves any settlement and decides how the proceeds are distributed after a hearing. Source: MCL 600.2922(2), (3), (5), (6) |
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| Wrongful death deadline | Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran. Source: MCL 600.5805(2), 600.5852 |
Car accidents and dog bites
| Reporting a crash to police | A driver in a crash that injures or kills anyone, or damages property to an apparent total of $1,000 or more, must immediately report it at the nearest or most convenient police station or to the nearest or most convenient police officer. The officer receiving the report forwards it to the Director of the Michigan State Police on forms prescribed by the director. Source: MCL 257.622 |
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| Crash report to the DMV | Michigan's crash report is completed in full by the investigating officer and forwarded to the Director of the Michigan State Police, who analyzes the reports. Local copies are kept for at least 3 years by the police agency that made the report. Source: MCL 257.622 |
| Leaving the scene (hit and run) | A driver who knows or has reason to believe they were in a crash on public or private property open to the public must stop immediately and stay until giving name, address, vehicle registration number and owner's name and address, showing a driver license, and giving reasonable help to anyone injured (helping get medical aid or arranging transport). A driver who honestly and reasonably believes staying would cause further harm may instead immediately report to the nearest police agency. Leaving the scene when the crash damages an attended vehicle is a misdemeanor (up to 90 days and/or $100); when it causes injury, a misdemeanor (up to 1 year and/or $1,000) with license suspension; when it causes serious impairment of a body function or death, a felony (up to 5 years and/or $5,000); and when the driver caused a crash resulting in death, a felony (up to 15 years and/or $10,000). Information and aid duties: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-619 |
| Minimum car insurance | Michigan is a no-fault state. For policies issued after July 1, 2020, default liability limits are $250,000 per person and $500,000 per accident for bodily injury, and $10,000 for property damage; a policyholder may choose lower limits, but not below $50,000/$100,000, by signing a state form. Drivers choose a personal injury protection (PIP) medical coverage level: unlimited, $500,000, $250,000, or (for qualifying Medicaid enrollees) $50,000, with some drivers able to opt out under other rules. A person may sue for noneconomic loss only for death, serious impairment of body function or permanent serious disfigurement. PIP choices: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3107c ; tort threshold: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135 |
| Dog bites | Strict liability for bites. If a dog bites a person without provocation while the person is on public property or lawfully on private property (including the owner's property), the owner is liable for the damages regardless of the dog's past viciousness or the owner's knowledge of it. Source: MCL 287.351 |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | In Michigan, the duty a property owner or occupier owes depends on whether the visitor is a trespasser, a licensee or an invitee. A land possessor owes invitees (such as customers) a duty to use reasonable care to protect them from an unreasonable risk of harm caused by a dangerous condition of the land. In 2023 the Michigan Supreme Court held that whether a hazard was open and obvious no longer decides whether a duty exists; it is considered as part of whether the owner breached the duty and of the injured person's comparative fault, and the court overruled the earlier 'special aspects' rule to the extent it conflicted with that approach. The syllabus is not part of the opinion; it summarizes the holding. |
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| Falls on snow and ice | Kandil-Elsayed v F & E Oil (2023) involved a customer who slipped on snow and ice at a gas station. The Michigan Supreme Court held that the station, as a land possessor, owed the invitee a duty of reasonable care, and that the open and obvious nature of the snow and ice is weighed in deciding breach and comparative fault rather than whether a duty existed; the case was sent back for trial-court proceedings on those questions. The syllabus is not part of the opinion; it summarizes the holding. |
| Sidewalk falls: who is responsible | A city or other municipal corporation must keep a sidewalk next to a public highway in reasonable repair. It is liable only if the injured person proves it knew, or should have known, of the defect at least 30 days before the injury. The city is presumed to have kept the sidewalk in reasonable repair unless the injury was caused by a vertical discontinuity of 2 inches or more or another dangerous condition in the sidewalk itself, and it may raise premises-liability defenses such as 'open and obvious'. The state and county road agencies' highway repair duty does not extend to sidewalks. Read on legislature.mi.gov on 2026-10-28. Source: MCL 691.1402a; MCL 691.1402(1) |
| Claims against a city or county | For an injury caused by a defective highway, the injured person must serve written notice on the governmental agency within 120 days of the injury, giving the exact location and nature of the defect, the injury and known witnesses. Notice may be served personally or by certified mail on someone who can accept legal papers for the agency; for the state, it is filed in triplicate with the clerk of the court of claims. Read on legislature.mi.gov on 2026-10-28. Whether the statutory definition of highway includes sidewalks (MCL 691.1401) was not read. Source: MCL 691.1404 |
| Injuries on land used for recreation | A person on someone else's land without paying for fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling or any other outdoor recreational or trail use cannot sue the owner, tenant or lessee for injuries unless they were caused by gross negligence or willful and wanton misconduct. The same applies to people using a Michigan trailway or other public trail. Read on legislature.mi.gov on 2026-10-28. Source: MCL 324.73301 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Motorcycle operators and riders must wear a crash helmet, except that a person 21 or older may ride without one if the operator has had a motorcycle endorsement for at least 2 years or passed a motorcycle safety course, and the operator or rider has at least $20,000 of first-party medical benefits coverage as the statute requires. Moped and electric-skateboard riders under 19 must wear a helmet. Read on legislature.mi.gov on 2026-10-28. Source: MCL 257.658(4), (5) |
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| Lane splitting | A motorcycle is entitled to the full use of a lane, and a motor vehicle must not be driven so as to deprive a motorcycle of it; this does not apply to motorcycles riding 2 abreast in one lane. Motorcycle riders may not ride more than 2 abreast except on a path or part of the road set aside for them. Read on legislature.mi.gov on 2026-10-28. Source: MCL 257.660(2), (3) |
| Bicycle laws | A driver passing a bicycle going the same direction must pass at least 3 feet to the left, or, if that is impracticable, at a safe distance and speed. Read on legislature.mi.gov on 2026-10-28. Source: MCL 257.636(2) |
| Truck safety and insurance rules | Michigan adopts the federal motor carrier safety regulations, including 49 CFR parts 382, 383, 385, 387, 390 through 393 and 395 through 399, except where the Motor Carrier Safety Act modifies them, with the state police acting in place of the federal agency. Read on legislature.mi.gov on 2026-10-28. Source: MCL 480.11a(1)(b) |
Construction accidents
| Construction site injuries | Workers' compensation is an injured worker's exclusive remedy against the employer; the only exception is an intentional tort, which exists only when the employer deliberately acted and specifically intended an injury (or knew an injury was certain and willfully disregarded that knowledge). The worker may also sue a third party, other than a co-worker or the employer, whose legal liability caused the injury. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.131(1); MCL 418.827(1) |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Michigan?
Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct.
How long do you have to sue for property damage in Michigan?
Three years after the time of the injury for actions to recover damages for injury to property.
What is the statute of limitations for medical malpractice in Michigan?
Two years for malpractice, with the claim accruing at the time of the act or omission (not discovery). A claim may also be filed within 6 months after the patient discovers or should have discovered it, if later, but no later than 6 years after the act or omission (with exceptions for minors, fraudulent concealment and loss of a reproductive organ). A wrongful death claim based on malpractice may be filed by the personal representative within 2 years after letters of authority are first issued, but no later than 3 years after the limitation period ran.
How long do you have to file a wrongful death lawsuit in Michigan?
Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran.
Who can file a wrongful death lawsuit in Michigan?
The action must be brought by the personal representative of the estate. Those who may share in damages include the spouse, children, descendants, parents, grandparents, brothers and sisters (or, if none survive, those who would inherit under intestacy law), the children of the spouse, and certain people named in the will. The court approves any settlement and decides how the proceeds are distributed after a hearing.
Can you recover damages if you were partly at fault in Michigan?
Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault.
Does Michigan cap damages in personal injury cases?
No general cap applies to all injury cases, but noneconomic damages are capped in medical malpractice and product liability cases (base amounts of $280,000, or $500,000 for the most serious injuries, adjusted annually by the State Treasurer for inflation). In a product liability case, the higher cap does not apply if the death or loss resulted from the defendant's gross negligence. In auto accident cases, noneconomic damages are available only for death, serious impairment of body function or permanent serious disfigurement.
Is there a cap on medical malpractice damages in Michigan?
Yes. Total noneconomic damages for all plaintiffs against all defendants may not exceed a base amount of $280,000, or $500,000 if the patient is hemiplegic, paraplegic or quadriplegic from brain or spinal cord injury, has permanently impaired cognitive capacity, or has permanent loss of or damage to a reproductive organ causing inability to have children. These limits are adjusted every year by the State Treasurer for inflation, so the current amounts are higher. Economic damages are not capped.
How do you file an injury claim against the government in Michigan?
State: a written claim or notice of intent to file a claim must be filed with the clerk of the Court of Claims within 1 year after the claim accrues, and for property damage or personal injury claims within 6 months after the event; the notice must be signed and verified and describe the time, place, nature of the claim and damages, and the agency involved. Defective highways: as a condition of recovery, a notice describing the exact location and nature of the defect, the injury and known witnesses must be served on the governmental agency within 120 days after the injury (180 days for a person under 18). No general statutory dollar cap was found.
Is a dog owner liable for a dog bite in Michigan?
Strict liability for bites. If a dog bites a person without provocation while the person is on public property or lawfully on private property (including the owner's property), the owner is liable for the damages regardless of the dog's past viciousness or the owner's knowledge of it.
What is the minimum car insurance required in Michigan?
Michigan is a no-fault state. For policies issued after July 1, 2020, default liability limits are $250,000 per person and $500,000 per accident for bodily injury, and $10,000 for property damage; a policyholder may choose lower limits, but not below $50,000/$100,000, by signing a state form. Drivers choose a personal injury protection (PIP) medical coverage level: unlimited, $500,000, $250,000, or (for qualifying Medicaid enrollees) $50,000, with some drivers able to opt out under other rules. A person may sue for noneconomic loss only for death, serious impairment of body function or permanent serious disfigurement.
When do you have to report a car accident to the police in Michigan?
A driver in a crash that injures or kills anyone, or damages property to an apparent total of $1,000 or more, must immediately report it at the nearest or most convenient police station or to the nearest or most convenient police officer.
Do you have to report a car accident to the DMV in Michigan?
Michigan's crash report is completed in full by the investigating officer and forwarded to the Director of the Michigan State Police, who analyzes the reports. Local copies are kept for at least 3 years by the police agency that made the report.
What are your duties after a car accident in Michigan?
A driver who knows or has reason to believe they were in a crash on public or private property open to the public must stop immediately and stay until giving name, address, vehicle registration number and owner's name and address, showing a driver license, and giving reasonable help to anyone injured (helping get medical aid or arranging transport). A driver who honestly and reasonably believes staying would cause further harm may instead immediately report to the nearest police agency. Leaving the scene when the crash damages an attended vehicle is a misdemeanor (up to 90 days and/or $100); when it causes injury, a misdemeanor (up to 1 year and/or $1,000) with license suspension; when it causes serious impairment of a body function or death, a felony (up to 5 years and/or $5,000); and when the driver caused a crash resulting in death, a felony (up to 15 years and/or $10,000).
Who is responsible if you slip and fall on someone's property in Michigan?
In Michigan, the duty a property owner or occupier owes depends on whether the visitor is a trespasser, a licensee or an invitee. A land possessor owes invitees (such as customers) a duty to use reasonable care to protect them from an unreasonable risk of harm caused by a dangerous condition of the land. In 2023 the Michigan Supreme Court held that whether a hazard was open and obvious no longer decides whether a duty exists; it is considered as part of whether the owner breached the duty and of the injured person's comparative fault, and the court overruled the earlier 'special aspects' rule to the extent it conflicted with that approach.
Can you sue for slipping on ice or snow in Michigan?
Kandil-Elsayed v F & E Oil (2023) involved a customer who slipped on snow and ice at a gas station. The Michigan Supreme Court held that the station, as a land possessor, owed the invitee a duty of reasonable care, and that the open and obvious nature of the snow and ice is weighed in deciding breach and comparative fault rather than whether a duty existed; the case was sent back for trial-court proceedings on those questions.
Who is liable if you trip and fall on a sidewalk in Michigan?
A city or other municipal corporation must keep a sidewalk next to a public highway in reasonable repair. It is liable only if the injured person proves it knew, or should have known, of the defect at least 30 days before the injury. The city is presumed to have kept the sidewalk in reasonable repair unless the injury was caused by a vertical discontinuity of 2 inches or more or another dangerous condition in the sidewalk itself, and it may raise premises-liability defenses such as 'open and obvious'. The state and county road agencies' highway repair duty does not extend to sidewalks.
How long do you have to file a claim against a city or county in Michigan?
For an injury caused by a defective highway, the injured person must serve written notice on the governmental agency within 120 days of the injury, giving the exact location and nature of the defect, the injury and known witnesses. Notice may be served personally or by certified mail on someone who can accept legal papers for the agency; for the state, it is filed in triplicate with the clerk of the court of claims.
Is a landowner liable for injuries on land used for recreation in Michigan?
A person on someone else's land without paying for fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling or any other outdoor recreational or trail use cannot sue the owner, tenant or lessee for injuries unless they were caused by gross negligence or willful and wanton misconduct. The same applies to people using a Michigan trailway or other public trail.
Do you have to wear a motorcycle helmet in Michigan?
Motorcycle operators and riders must wear a crash helmet, except that a person 21 or older may ride without one if the operator has had a motorcycle endorsement for at least 2 years or passed a motorcycle safety course, and the operator or rider has at least $20,000 of first-party medical benefits coverage as the statute requires. Moped and electric-skateboard riders under 19 must wear a helmet.
Is lane splitting legal in Michigan?
A motorcycle is entitled to the full use of a lane, and a motor vehicle must not be driven so as to deprive a motorcycle of it; this does not apply to motorcycles riding 2 abreast in one lane. Motorcycle riders may not ride more than 2 abreast except on a path or part of the road set aside for them.
What are the bicycle laws in Michigan?
A driver passing a bicycle going the same direction must pass at least 3 feet to the left, or, if that is impracticable, at a safe distance and speed.
What safety and insurance rules apply to trucks in Michigan?
Michigan adopts the federal motor carrier safety regulations, including 49 CFR parts 382, 383, 385, 387, 390 through 393 and 395 through 399, except where the Motor Carrier Safety Act modifies them, with the state police acting in place of the federal agency.
Can you sue for a construction accident in Michigan?
Workers' compensation is an injured worker's exclusive remedy against the employer; the only exception is an intentional tort, which exists only when the employer deliberately acted and specifically intended an injury (or knew an injury was certain and willfully disregarded that knowledge). The worker may also sue a third party, other than a co-worker or the employer, whose legal liability caused the injury.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.