NOTE: Due to the COVID-19 pandemic, all statutes of limitations were tolled from March 10 to June 19, 2020. This suspension of deadlines was officially rescinded as of June 20, 2020. For more information, read the details of the governor’s June 12 executive order.
What Is the Statute of Limitations in Michigan?
The statute of limitations in Michigan for civil claims can vary greatly depending on the type of case, typically ranging from two to ten years.
What Is the Michigan Statute of Limitations for Personal Injury and Negligence Claims?
Personal injury and negligence cases in Michigan have a three-year statute of limitations.
“Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
“(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” (Mich. Comp. Laws Ann. § 600.5805)
Toxic Tort
3 Years
Toxic tort claims are covered by the same statute as personal injury cases.
“Under the so-called ‘discovery rule,’ a cause of action ‘accrues’ in the toxic tort context when an injured party knows or should have known of the manifestation of the injury. See, e.g. Larson, supra at 314, 399 N.W.2d 1. Provided that the injured person brings an action within three years of the date he knows or should have known of a dioxin-related injury, the statute of limitations would be satisfied. See MCL 600.5805(10).” (Henry v. Dow Chem. Co., 473 Mich. 63, 99, 701 N.W.2d 684, 702 (2005))
How Long Do You Have to Sue Under the Wrongful Death Statute of Limitations in Michigan?
The statute of limitations for wrongful death claims in Michigan is three years.
“Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
“(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” (Mich. Comp. Laws Ann. § 600.5805)
How Long Do You Have to Sue Under the Michigan Medical Malpractice Statute of Limitations?
The Michigan statute of limitations for medical malpractice claims is two years.
“Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
“(6) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice.” (Mich. Comp. Laws Ann. § 600.5805)
“(2) Except as otherwise provided in this subsection, an action involving a claim based on medical malpractice may be commenced at any time within the applicable period prescribed in section 58051 or sections 5851 to 5856, or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, except as otherwise provided in section 5851(7) or (8), the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim.” (Mich. Comp. Laws Ann. § 600.5838a)
What Is the Michigan Product Liability Statute of Limitations?
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The statute of limitations for product liability cases in Michigan is three years. Defective product claims are governed by the Michigan Product Liability Act, MCL § 600.2945.
“Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
“(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” (Mich. Comp. Laws Ann. § 600.5805)
Discovery Rule
The Michigan Supreme Court has interpreted MCL 600.5827 as meaning that a claim accrues when the wrong was done and further explained that “the wrong is done when the plaintiff is harmed rather than when the defendant acted.” (Boyle v. General Motors Corp., 468 Mich. 226, 231 n. 5; 661 NW2d 557 (2003))
Statute of Repose for Construction Defects
An action stemming from a defective and unsafe improvement to real property against an architect, professional engineer or contractor must be brought within six years of the occupancy, use or acceptance of the improvement or one year after the defect is discovered. (Mich. Comp. Laws Ann. § 600.5839(1)(a))
Intentional Torts
Most intentional torts have a two-year statute of limitations; libel and slander have one year.
Fraud
2 Years
“If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations.” (Mich. Comp. Laws Ann. § 600.5855)
Child Sex Abuse
Laws enacted in 2019 after the conviction of former USA Gymnastics team doctor Larry Nassar extended the civil and criminal statutes of limitations for child sex abuse. Victims now have until they turn 28 or until three years after they discover their injury to file a civil suit.
Municipal Liability/Sovereign Immunity
The state’s right to sovereign immunity is only waived by express statutory consent. The state may be sued in accidents involving motor vehicles, aircraft, defective highways, and maintenance of public buildings as well as in some medical malpractice situations.
Discovery Rule
Statutes of limitations generally run from when the injury is or should have been discovered. Some exceptions apply.
Comparative Negligence
Michigan considers comparative negligence when determining compensation awards.
Charitable Immunity
Charitable organizations are not immune to prosecution.
Legal Disabilities
People younger than 18, incompetents or insane people have one year after this legal disability is removed to file a claim if the normal statute of limitations has already run.
Damages
Common law generally governs compensatory damages. Exemplary damages in excess of pecuniary loss are allowed in cases where the plaintiff is a victim of tortuous conduct on part of the defendant.
Punitive Damages
Punitive damages are permitted without limitation.
No-Fault Insurance
Michigan is a no-fault state.
Consumer Fraud Complaints
Complaints of consumer fraud should be directed to the state attorney general online or by calling (517) 335-7622.