What is the personal injury statute of limitations in Michigan?

1. General Personal Injury

Michigan imposes a 3-year SOL for personal injury under MCL 600.5805(2), running from the date the claim accrues.

2. Wrongful Death

Wrongful death actions are governed by the SOL of the underlying tort (typically 3 years for negligence or 2 years for malpractice), per MCL 600.5852.

3. Medical Malpractice

MCL 600.5805(8) and MCL 600.5838a impose a 2-year SOL from the date of last treatment or 6 months from discovery (the "later of"), capped by a 6-year statute of repose.

4. Discovery Rule

The 6-month discovery rule under MCL 600.5838a applies when the injury is not reasonably discoverable. A general common-law discovery rule was abolished by Trentadue v. Buckler (2007).

5. Minor / Disability Tolling

MCL 600.5851 tolls limitations during minority and mental incompetence. Minors generally have until 1 year after their 18th birthday to file, with special rules for malpractice.

6. Government Defendant

The Governmental Tort Liability Act (MCL 691.1401 et seq.) provides limited waivers. Highway-defect claims require notice within 120 days (MCL 691.1404); other claims require statutory notices and must be timely under the 3-year SOL.

7. Product Liability

MCL 600.5805(13) imposes a 3-year SOL for products; no general statute of repose, but 10-year presumption of non-defectiveness applies to defendant.

8. Equitable Tolling / Fraudulent Concealment

MCL 600.5855 grants 2 years from discovery when a cause of action is fraudulently concealed.

9. Borrowing Statute

MCL 600.5861 borrows the SOL of the state where the cause of action accrued for non-resident plaintiffs.

This is legal information, not legal advice.