Michigan Personal Injury Statute of Limitations: Critical Deadlines
Miss the statute of limitations and your case is dead — no matter how strong your evidence or how severe your injuries. Michigan has strict filing deadlines for personal injury claims, and they vary depending on the type of case. Understanding these deadlines is one of the most important things you can do after an injury.
The General Three-Year Rule
Michigan's general statute of limitations for personal injury claims is three years from the date of injury under MCL § 600.5805(2). This applies to most auto accident claims, premises liability, product liability, and general negligence cases. Once three years pass, the court will dismiss your case regardless of its merits.
Shorter Deadlines That Catch People Off Guard
Several categories of cases have deadlines shorter than three years. Medical malpractice claims must generally be filed within two years of the act or omission or six months from discovery, with an absolute six-year outer limit under MCL § 600.5805(8). Additionally, medical malpractice requires a notice of intent filed at least 182 days before the lawsuit. Claims against government entities require written notice within 120 days under Michigan's Governmental Immunity Act — this is the deadline most people miss because it arrives before they've even finished initial treatment.
No-Fault PIP Benefits Deadline
Your application for no-fault PIP benefits must be filed within one year of the accident under MCL § 500.3145. Missing this deadline forfeits your right to PIP coverage for medical expenses, wage loss, and attendant care — even if your injuries are severe and ongoing.
Exceptions and Tolling
The statute of limitations may be "tolled" (paused) in certain circumstances: if the injured person is a minor (the clock starts on their 18th birthday), if the injured person is mentally incapacitated, or if the defendant has left the state. But these exceptions are narrow and cannot be relied upon without legal analysis.
Don't risk missing a deadline. Call Koussan Law at (313) 800-0000 for a free consultation or use our case calculator.
