MCL § 600.5805 –
Michigan’s Statute of Limitations for Personal Injury & Wrongful Death Claims
Table of Contents
Statutory Text
600.5805 – Injuries to persons or property; period of limitations; “adjudication,” “criminal sexual conduct,” and “dating relationship” defined.
(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.(2) 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.(8) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice.(10) The period of limitations is 2 years after the expiration of the year for which a constable was elected for actions based on the constable’s negligence or misconduct as constable.
MCL § 600.5805 Overview
MCL § 600.5805 establishes the time limits within which most Michigan personal injury and wrongful death lawsuits must be filed:
Three years for claims based on injury or death (typically including car crashes, slip-and-falls, and general negligence)
Two years for medical malpractice or other professional negligence claims
If you don’t file before the deadline passes, the court will likely dismiss your case, even if your injuries were severe.
Key Elements & Breakdown
General Rule:
You must file most personal injury or wrongful death lawsuits within 3 years from the date of injury or death.Medical Malpractice:
You must file within 2 years of the malpractice act or 6 years from the date of occurrence (whichever is sooner), with exceptions under discovery rules.Wrongful Death:
Tied to the underlying cause of action. If the death is due to malpractice, the 2-year period applies.Tolling (pausing the deadline):
Can occur due to minority, mental incapacity, fraudulent concealment, or a valid Notice of Intent (NOI) under MCL § 600.2912b.Discovery Rule:
In malpractice cases, if you did not know (and could not reasonably have known) of the claim, you may have 6 months after discovery to file.
Example Scenarios
You suffered serious shoulder injuries in a car accident on May 15, 2023. To recover medical and wage loss damages, you must file a lawsuit by May 15, 2026 under § 600.5805(2). If your claim involves medical malpractice that happened on the same date, you must file by May 15, 2025, under § 600.5805(8).
When This Law Applies
This statute applies to almost all non-criminal personal injury lawsuits, including:
Traffic accidents
Pedestrian or bike accidents
Slip-and-fall injuries
Wrongful death actions for fatal accidents
Medical malpractice claims (under the 2-year rule)
It also governs economic loss or property damage claims tied to an injury-causing incident.
Michigan Case Law Interpreting § 600.5805
Confirmed that a 2-year malpractice limit applies even if the injury is discovered later, unless discovery rule or tolling applies.
Reaffirmed that the statute begins running when a reasonable person would have discovered the malpractice.
Held that notice of intent (NOI) tolls the statute only if filed within the limitations period.
Clarified that the 2-year malpractice statute applies to wrongful death claims arising from malpractice.
Frequently Asked Questions About § 600.5805
What is the general time limit to file a personal injury lawsuit in Michigan?
3 years from the date of injury or death.
What’s the deadline for medical malpractice claims?
2 years from the date of the act or omission, or 6 months after discovery (with limits).
Does the wrongful death statute have a different deadline?
No. It follows the same deadline as the underlying injury, usually 3 years, or 2 years for malpractice.
Can the deadline be extended if I didn’t know I had a claim?
Sometimes. The discovery rule and tolling provisions may extend your deadline if legally justified.
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Related Statutes
- § 600.2912b – Medical malpractice; Notice of Intent
- § 600.2922 – Wrongful Death Act
- § 600.5805 – Injuries to persons or property
- § 600.5813 – Catch-all limitation for personal actions
- § 600.5827 – Accrual of claim
- § 600.5838 – Accrual and limitations
- § 600.5838a – Periods of repose and definitions
- § 600.5839 – Statute of repose for improvements
- § 600.5851 – Disabilities of infancy or insanity (tolling)
- § 600.5852 – Wrongful death saving provision
- § 600.5855 – Fraudulent concealment; tolling
- § 600.5856 – Other tolling provisions
