Personal Injury Statute of Limitations in Michigan
Last verified 2026-07 · Source: Mich. Comp. Laws § 600.5805(2) ✓ verified · 3 sources
The deadline
3 years
from Date of injury (death or injury); discovery rule may toll in limited cases, under Mich. Comp. Laws § 600.5805(2).
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Michigan law sets a hard deadline of 3 years to file a personal injury lawsuit. The controlling statute is Mich. Comp. Laws § 600.5805(2), and the clock generally starts on Date of injury (death or injury); discovery rule may toll in limited cases. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Michigan Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Car Accident | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Credit Card Debt | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Malpractice | 2 yrs | MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) |
| Wrongful Death | 3 yrs | Mich. Comp. Laws § 600.2922; § 600.5805(2) |
| Dog Bite | 3 yrs | MCL § 287.351 |
| Slip and Fall | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Defamation | 1 yr | MCL § 600.5805(11) |
| Breach of Contract | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Debt | 6 yrs | MCL 600.5807 |
When the Clock Starts
In Michigan, the limitations period for personal injury lawsuits generally begins on Date of injury (death or injury); discovery rule may toll in limited cases. Michigan recognizes a discovery rule for this claim type: Michigan applies a discovery rule under MCL 600.5827: the SOL begins when the claim accrues, which is generally when the plaintiff discovers or should have discovered the injury and its cause
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 60 days written notice for claims against local government under MCL 691.1404; 6 months for claims against the State under MCL 600.6431
- Damage caps: No cap on compensatory damages in general personal injury cases against private defendants; medical malpractice has separate non-economic caps
Modified comparative fault (51% bar) under MCL 600.2959. The general 3-year SOL under MCL 600.5805(2) covers slip-and-fall, premises liability, dog bite, and general negligence. Intentional torts (assault, battery) have a 2-year SOL.
Source: Mich. Comp. Laws § 600.5805(2), official Michigan statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Michigan government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Michigan Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Michigan | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Ohio | 2 yrs | Ohio Rev. Code Ann. § 2305.10(A) |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Michigan?
You have 3 years from Date of injury (death or injury); discovery rule may toll in limited cases, under Mich. Comp. Laws § 600.5805(2).
Can I still sue after 3 years in Michigan?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Michigan?
Yes. Michigan applies a discovery rule under MCL 600.5827: the SOL begins when the claim accrues, which is generally when the plaintiff discovers or should have discovered the injury and its cause
What if the victim was a minor?
Michigan generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
60 days written notice for claims against local government under MCL 691.1404; 6 months for claims against the State under MCL 600.6431
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Sources
- Official MCL 600.5805 – Injuries to persons or property; period of limitations (Michigan Legislature)
- Corroborating Michigan Personal Injury Statute of Limitations – Nolo
- Corroborating Michigan Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Michigan attorney.