What is the statute of limitations in Michigan?
Michigan civil limitations are codified in the Revised Judicature Act, MCL 600.5801 et seq.
1. Personal Injury — 3 Years
MCL 600.5805(2): 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.
2. Written Contract — 6 Years
MCL 600.5807(9): Actions to recover damages or sums due for breach of contract — 6 years.
3. Oral Contract — 6 Years
Michigan applies the same 6-year period under MCL 600.5807(9) for both written and oral contracts.
4. Property Damage — 3 Years
MCL 600.5805(10): For property damage from negligence or other wrongful conduct — 3 years (covered by general 3-year personal injury / property period).
5. Fraud — 6 Years
MCL 600.5813: All other personal actions — 6 years (residual). Michigan applies the discovery rule sparingly; specifically, 2 years from discovery for some claims under MCL 600.5855 (fraudulent concealment) extends the period.
6. Medical Malpractice — 2 Years / 6-Month Discovery
MCL 600.5805(8) and MCL 600.5838a: A medical malpractice claim accrues at the time of the act or omission. The action must be commenced within 2 years of accrual OR within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later, but in no event more than 6 years after the act (with exceptions for fraudulent concealment and minors). Notice of intent: required 182 days before filing (MCL 600.2912b).
7. Wrongful Death — 3 Years
MCL 600.5852: A wrongful death action survives for the personal representative for the period of the underlying tort statute (typically 3 years), with a savings provision that allows filing within 2 years after letters of authority are issued.
8. Other Notable Periods
9. Tolling
MCL 600.5851 tolls for minors (under 18) and insanity, with a 1-year savings clause after disability removed (capped for med-mal).
This is legal information, not legal advice.
- You have a no-fault auto claim approaching 1 year
- Your medical malpractice claim requires 182-day notice of intent
- You are estate fiduciary unsure whether the savings clause applies
- MCL 600.5805
- MCL 600.5807
- MCL 600.5813
- MCL 600.5838a
- MCL 600.5852
- MCL 600.2912b
- MCL 500.3145
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.