Michigan · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Michigan?

Michigan gives you 3 years from the date of injury to file a personal injury lawsuit under Mich. Comp. Laws § 600.5805.

Updated 2026-05-22 · See all 50 states

Key facts: Michigan

Personal injury deadline
3 years
Mich. Comp. Laws § 600.5805
Wrongful death deadline
3 years
Mich. Comp. Laws § 600.5852
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Michigan follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Michigan

Three years for PI from the date of injury. Wrongful death follows the same three-year period (running from the underlying tort, often the accident date, not the date of death). MCL § 600.5852 provides a savings provision giving the personal representative up to two additional years after appointment.

Related: Michigan comparative negligence rule

Michigan follows a modified 51% bar rule. Hybrid scheme: pure comparative fault for economic damages, but a 51% bar for non-economic damages when the plaintiff’s fault is "greater than" the aggregate fault of others. The cutoff for non-economic damages is treated as the modified-51 threshold here.

Read the full Michigan comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Michigan attorney before relying on it.

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Michigan Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Michigan?

In Michigan, the general personal injury statute of limitations is 3 years from the date of injury under Mich. Comp. Laws § 600.5805. Three years for PI from the date of injury. Wrongful death follows the same three-year period (running from the underlying tort, often the accident date, not the date of death). MCL § 600.5852 provides a savings provision giving the personal representative up to two additional years after appointment.

Does Michigan have a separate deadline for wrongful death?

Yes. Michigan's wrongful death statute of limitations is 3 years under Mich. Comp. Laws § 600.5852. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Michigan personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Michigan personal injury attorney before assuming a claim is barred.

What is Michigan's comparative negligence rule?

Michigan follows a modified 51% bar rule under Mich. Comp. Laws § 600.2959. Hybrid scheme: pure comparative fault for economic damages, but a 51% bar for non-economic damages when the plaintiff’s fault is "greater than" the aggregate fault of others. The cutoff for non-economic damages is treated as the modified-51 threshold here.

Where can I read the actual statute?

The controlling statute is Mich. Comp. Laws § 600.5805. The full text is available on the official Michigan legislature website at https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5805.

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