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Michigan Personal Injury Statute of Limitations: The Complete 2026 Guide

Short answer: In Michigan, most personal injury lawsuits must be filed within three years of the date of injury under MCL § 600.5805. Medical malpractice has a shorter two-year deadline (MCL § 600.5838a). Auto-accident PIP benefits must be applied for within one year of each loss (MCL § 500.3145). Claims against state or local government entities require a 120-day written notice (MCL § 691.1404) in addition to the underlying tort deadline. Minor children get extended tolling under MCL § 600.5851 — but the extensions are narrower than most parents expect. Miss any of these deadlines and your claim is gone, regardless of how strong the underlying facts are.

Last updated 2026-05-18 by Ali H. Koussan, Founding Attorney at Koussan Law. This guide covers every major Michigan personal injury filing deadline, the tolling and discovery rules that can extend them, and the practical mistakes that cost injured Michiganders their right to compensation.

The General Rule: Three Years for Most Michigan Injury Claims

Under MCL § 600.5805(2), the general statute of limitations for personal injury actions in Michigan is three years from the date of injury. This applies to:

Auto accidents (third-party tort claims against the at-fault driver)
Trucking and commercial vehicle accidents
Motorcycle accidents
Slip-and-fall and premises liability
Dog bites
Product liability
Negligent security
Wrongful death (with some exceptions)

The clock starts on the date the injury occurred, not the date you decided to pursue a claim. Michigan courts apply this deadline strictly. Equitable extensions are almost never granted.

Medical Malpractice: The 2-Year Trap

Medical malpractice in Michigan operates under a shorter and more procedurally complex statute. Under MCL § 600.5838a, the deadline is two years from the date of the alleged malpractice OR six months from when the patient discovered (or reasonably should have discovered) the malpractice, whichever is later — subject to a six-year statute of repose as an outer limit.

Two procedural traps make medical malpractice claims even tougher:

The Notice of Intent. Before filing suit, you must serve a Notice of Intent under MCL § 600.2912b, then wait 182 days before filing. The notice period tolls the statute, but the notice itself must be procedurally perfect.
The Affidavit of Merit. The complaint must include a sworn statement from a qualified expert (MCL § 600.2912d) confirming breach of the standard of care. No affidavit, no case.

For a more complete walkthrough of medical malpractice procedural requirements, see our Medical Malpractice practice area.

The One-Year PIP Deadline (Auto Accidents)

Michigan's no-fault auto insurance system has its own statute of limitations that catches injured people off guard. Under MCL § 500.3145, Personal Injury Protection (PIP) benefits must be applied for within one year of each individual loss. This is separate from — and much shorter than — the three-year tort deadline.

What this means in practice: file the initial PIP application immediately after the accident. Each subsequent medical bill, lost wage period, and replacement service expense triggers its own one-year clock. PIP benefits are not retroactive past the one-year window.

The mini-tort vehicle damage claim under MCL § 500.3135(3)(d) also has a one-year deadline. For the full no-fault explanation, see our Michigan No-Fault Insurance Explained guide.

Wrongful Death: Three Years From Date of Death

Under Michigan's wrongful death statute, MCL § 600.2922, a wrongful death lawsuit must be filed within three years from the date of death — not the date of the injury that caused the death. If your loved one was injured on January 1, 2024, and died on March 1, 2024, the wrongful death clock starts March 1, 2024.

Two exceptions matter:

If the wrongful death arose from medical malpractice, the two-year medical malpractice deadline applies (MCL § 600.5838a).
If a government entity is involved, the 120-day notice requirement applies on top of the three-year deadline.

The 120-Day Government Notice (and Its Variants)

Claims against state, county, or local government entities have a separate procedural hurdle: written notice. Under MCL § 691.1404, you must serve written notice on the responsible governmental agency within 120 days of the incident, identifying:

The exact location of the defect or incident
The nature of the defect
The injury sustained
The names of known witnesses

Miss the 120-day window and your claim is barred, even if the broader three-year statute hasn't run. This trap catches victims of slip-and-falls on city sidewalks, accidents involving MDOT vehicles, school district incidents, and falls in county courthouses or government buildings.

Different government entities have their own statutes layered on top. The Michigan Court of Claims (for state claims) has additional procedural requirements under MCL § 600.6431.

Minor Tolling: How Children's Claims Are Extended

Under MCL § 600.5851, Michigan tolls the statute of limitations for minors (under age 18) and persons with mental impairment. The general rule: the statute does not begin to run until the disability ends. For minors, that means the clock starts on the 18th birthday.

But there are critical exceptions and limitations:

Medical malpractice has its own minor rule. MCL § 600.5851(7) requires medical malpractice claims involving birth injuries or other malpractice occurring before age 8 to be filed before the child's 10th birthday, OR within the applicable malpractice statute, whichever is later.
The hard outer limit. Even with tolling, claims involving minors often have an outer-limit cap (typically age 19 for general PI, age 10 for med mal involving early childhood). The cap is not always intuitive.
Government claims still require 120-day notice. Tolling for minor status does not extend the 120-day government notice deadline.

Birth injury cases in particular benefit from understanding these rules well before you assume you have years to act. For a detailed treatment, see our Cerebral Palsy Birth Injury Claims guide.

The Discovery Rule (and When It Does Not Apply)

Michigan recognizes a limited "discovery rule" in certain personal injury contexts. The idea: the statute starts running when the injury was discovered (or reasonably should have been discovered), not when the underlying negligent act occurred. Most commonly invoked in:

Medical malpractice (the 6-month discovery extension under MCL § 600.5838a, subject to the 6-year repose)
Toxic exposure cases (latent illnesses like asbestos-related mesothelioma)
Sexual abuse claims (specific statutory regimes have evolved)

Michigan does not apply a general discovery rule to garden-variety personal injury cases. Auto accidents, slip-and-falls, and most premises liability claims start running on the date of the incident regardless of when complications later manifest. Some appellate cases have carved narrow exceptions — do not assume the discovery rule will save your case without specific legal analysis.

Special Statutes: Construction, Products, and More

Construction defect (MCL § 600.5839): Six-year statute of repose from the date of substantial completion, plus a one-year discovery rule.
Product liability: Three-year statute under MCL § 600.5805 plus possible statutes of repose for specific industries.
Dram shop (sale of alcohol to visibly intoxicated person): Two-year deadline under MCL § 436.1801, with mandatory 120-day notice to the bar or licensee.
Workers' compensation: Different system entirely — two-year claim filing under MCL § 418.381, with notice of injury within 90 days.

What Stops the Clock (Tolling)

A few specific events toll (pause) the statute of limitations in Michigan:

Minor status (MCL § 600.5851)
Mental incompetency (MCL § 600.5851)
Defendant's absence from Michigan (MCL § 600.5853, narrowly applied)
Notice of Intent in medical malpractice (the 182-day pre-suit period tolls the underlying statute)
Bankruptcy stay of the defendant
Fraudulent concealment (MCL § 600.5855 — narrow, requires affirmative concealment)

Negotiations with an insurance carrier do not toll the statute. Settlement discussions do not toll the statute. Verbal assurances from the at-fault driver's insurer that they "intend to take care of" your claim do not toll the statute. We have seen claimants lose six- and seven-figure cases because they trusted an adjuster's promises and let the clock run.

The Practical Reality: File Earlier Than You Think You Need To

Even when the statute does not expire for months, there are practical reasons to file sooner:

Evidence deteriorates. Surveillance footage gets overwritten in 30-90 days. Vehicle damage gets repaired. Witnesses move and forget.
Treatment trajectory matters. You should not settle a third-party tort claim before reaching Maximum Medical Improvement (MMI). Filing early sets up enough discovery time to reach MMI before trial.
Insurer tactics drag out claims. Adjusters delay strategically. The closer you get to the statute, the worse your negotiating position becomes.
Litigation takes time. Most personal injury cases resolve 12-36 months after filing. Catastrophic cases longer.

Frequently Asked Questions About Michigan Statute of Limitations

What is the statute of limitations for personal injury in Michigan?

Three years from the date of injury for most personal injury claims under MCL § 600.5805. Medical malpractice has a separate two-year statute under MCL § 600.5838a. PIP benefits in auto cases have a one-year deadline under MCL § 500.3145.

How long do I have to sue after a Michigan car accident?

Three years from the date of the crash under MCL § 600.5805. The one-year PIP deadline under MCL § 500.3145 also applies separately. If a government vehicle was involved, the 120-day notice under MCL § 691.1404 also applies.

What is the medical malpractice statute of limitations in Michigan?

Two years from the malpractice, or six months from discovery, whichever is later, with a six-year outer limit (MCL § 600.5838a). The required 182-day Notice of Intent (MCL § 600.2912b) and Affidavit of Merit (MCL § 600.2912d) make even the two-year window effectively shorter.

How long do I have to file a wrongful death claim?

Three years from the date of death under MCL § 600.5805 and MCL § 600.2922. If the underlying claim is medical malpractice, the two-year medical malpractice deadline applies. Government-entity claims also require 120-day notice.

What is the 120-day notice requirement?

Under MCL § 691.1404, claims against state, county, or local government entities must be preceded by written notice within 120 days of the incident. The notice must identify the location, the defect, the injury, and known witnesses. Miss this deadline and your claim is barred, even within the three-year tort statute.

Can the statute of limitations be extended in Michigan?

Yes, but only in specific circumstances: minor status (MCL § 600.5851), mental incompetency, the medical malpractice 182-day Notice of Intent period, fraudulent concealment (MCL § 600.5855), and a few narrower exceptions. Insurance negotiations do not toll the statute. Verbal assurances do not toll the statute.

How long do children have to file a personal injury claim in Michigan?

Generally, minors can file until one year after their 18th birthday under MCL § 600.5851 — with one major exception: medical malpractice involving children under 8 must be filed by the child's 10th birthday OR within the regular malpractice statute, whichever is later. Birth injury cases especially demand early consultation because the practical deadlines come up faster than parents expect.

What is the statute of limitations for a slip and fall in Michigan?

Three years from the date of the fall under MCL § 600.5805. If you fell on government-owned property (city sidewalk, county building, MDOT property), you must also serve the 120-day notice under MCL § 691.1404 — a separate deadline that runs first.

Does the clock restart if I get a new lawyer?

No. Changing attorneys does not toll or reset the statute of limitations. Whatever deadlines applied when the injury occurred continue to apply. Switching lawyers is fine, but the clock keeps running.

What if the insurance company is still negotiating?

Negotiations do not toll the statute. The insurer may delay strategically, knowing your leverage decreases as the deadline approaches. File suit if you are nearing the statute, even if settlement discussions are ongoing — you can always continue negotiating after filing.

What is the discovery rule in Michigan?

The discovery rule extends the deadline to the date the injury was discovered (or reasonably should have been discovered) instead of the date it occurred. Michigan applies it narrowly: most personal injury cases use the incident-date rule. Medical malpractice has a specific 6-month discovery extension under MCL § 600.5838a, capped by a 6-year statute of repose.

Can I sue the city of Detroit for a sidewalk injury?

Possibly, but you must serve the 120-day written notice under MCL § 691.1404 first. Government immunity has specific exceptions (highway exception, public building exception, motor vehicle exception). The defect itself must meet statutory thresholds.

What is the deadline for filing a dog bite claim in Michigan?

Three years from the date of the bite under MCL § 600.5805. Michigan's dog bite statute (MCL § 287.351) imposes strict liability on dog owners, but the procedural deadline is the same as other personal injury claims.

What deadline applies to a workplace injury in Michigan?

If you are pursuing workers' compensation benefits, the deadline is two years to file a claim (MCL § 418.381), with notice of injury within 90 days. If you are pursuing a third-party tort claim against a non-employer (defective equipment manufacturer, negligent contractor), the standard three-year statute applies.

What happens if I miss the statute of limitations?

Your claim is barred. The defendant will move to dismiss and the court will grant the motion. No equitable considerations save you. The only exception is the rare case where you can prove fraudulent concealment by the defendant under MCL § 600.5855 — a very high bar.

How Koussan Law Handles Michigan Statute of Limitations Issues

Every consultation we conduct starts with a deadline audit. We confirm the applicable statute, identify any notice requirements, check for tolling factors (minor status, mental incompetency, fraudulent concealment), and file protective pleadings if the deadline is approaching. We accept Michigan injury cases on contingency — you pay nothing unless we recover. Free consultations, three Michigan offices (Detroit, Dearborn Heights, Marquette).

If you have been injured in Michigan, call (313) 800-0000, request a consultation, or use our free case calculator.

Related Resources

Last updated 2026-05-18. Past results do not guarantee future outcomes. Every case is fact-specific. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship with Koussan Law.

Michigan Personal Injury Statute of Limitations: The Complete 2026 Guide

May 18, 2026