Wrongful Death Statute of Limitations in Michigan
Last verified 2026-07 · Source: Mich. Comp. Laws § 600.2922; § 600.5805(2) ✓ verified · 3 sources
The deadline
3 years
from Date of death, under Mich. Comp. Laws § 600.2922; § 600.5805(2).
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Under Mich. Comp. Laws § 600.2922; § 600.5805(2), you have 3 years from Date of death to file a wrongful death lawsuit in Michigan. Miss it and you lose the right to sue — but several Michigan-specific exceptions can extend (or shorten) that window, detailed below.
Michigan Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | Mich. Comp. Laws § 600.2922; § 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) |
| Personal Injury | 3 yrs | Mich. Comp. Laws § 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 wrongful death claims generally begins on Date of death. Michigan does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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.
- Damage caps: No general cap on wrongful death damages; medical malpractice claims against healthcare providers subject to separate statutory limits; medical malpractice wrongful death SOL is 2 years
Only the personal representative of the decedent's estate may file. Eligible beneficiaries include spouse, children, descendants, parents, grandparents, siblings, and anyone to whom the estate would pass by law or will. Special saving rule: when death occurs before or within 30 days after the SOL expires, the personal representative receives 2 years from appointment to file.
Source: Mich. Comp. Laws § 600.2922; § 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 § 600.2922; § 600.5805(2) |
| Ohio | 2 yrs | Ohio Rev. Code § 2125.02 |
| Indiana | 2 yrs | Indiana Code § 34-23-1-1 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Michigan?
You have 3 years from Date of death, under Mich. Comp. Laws § 600.2922; § 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 (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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.
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Sources
- Official Michigan Compiled Laws § 600.2922 – Death by Wrongful Act
- Corroborating How Do Wrongful Death Lawsuits Work in Michigan? – Nolo
- Corroborating Michigan Wrongful Death Law – 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.