Deadlines to File an Injury Lawsuit in Michigan
How long you have to sue in Michigan for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: 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)
| 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 |
More Michigan personal injury & wrongful death
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- Medical Malpractice Rules in Michigan
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- Slip, Trip and Fall Injuries in Michigan
- Sidewalk and Public Property Falls in Michigan
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- All Michigan personal injury & wrongful death rules
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.
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.
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.