Michigan Personal Injury Statute of Limitations | Call Lee Free

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Michigan Laws and Resources

Important Michigan Case Law

What are the Statute of Limitations in Michigan?

A statute of limitations limits how long you must pursue legal action after a person commits negligent conduct. When the statutory period ends, the injured individual no longer has the right to file a lawsuit against the defendants to seek compensation or other forms of relief.

The following is a list of general statutes of limitations for personal injury and civil actions involving contracts and tort in Michigan.

There are exceptions, so please contact a Michigan personal injury lawyer if you have any questions.

  • Personal Injury: 3 years, except for medical malpractice, wrongful death, and other exceptions for minors or the legally incapacitated.
  • Medical Malpractice: 2 years, with a narrow 6-month discovery extension.
  • Fraud: 6 years
  • Breach of Contract: 6 years
  • Libel, Slander, and Defamation: 1 year
  • Personal Property Damage: 3 years

In some cases, tolling occurs on a statute of limitations, typically under circumstances where:

  • The plaintiff is a minor: If a person is under the age of 18 when they were injured, they have until one year after their 18th birthday to file a personal injury claim.
  • The defendant is in a bankruptcy proceeding.
  • Voluntary dismissal of a lawsuit, and the parties all agree to extend the statute of limitations.
  • The plaintiff is deemed legally “insane.” When referring to “insanity,” the law means that the person experiences mental derangement. They’re unable to comprehend their rights, which affects their case. The person doesn’t need to be considered insane in court in order to receive the filing extension. If someone is considered “insane,” they have one year after their period of “insanity” ends to file.

What Happens If You Miss the Statute of Limitations Deadline?

If you don’t file your claim before the Michigan personal injury statute of limitations expires, you won’t be able to recover compensation from the defendant. In the event that you still choose to file after the expiration, the defendant will file a motion to dismiss. Unless you were entitled to an extension, the court will dismiss your case regardless of how serious the defendant’s actions were.

How Do I Stop the Statute of Limitations from Running?

If you suffered physically, mentally, or emotionally due to another person’s negligent conduct, you must file a lawsuit in the proper Michigan court before the statute of limitations deadline. You can file the lawsuit, or Complaint, on the last day. If the last day is on the weekend, you can file the lawsuit by the following Monday.

What is a Summons?

A summons is an official document from the State of Michigan informing the defendant that they are the party to a lawsuit. When a defendant is served with the lawsuit, they must also be served with a summons. There are specific rules governing the service of a Complaint and summons on a defendant. A summons for a Michigan state case can be found here.

When a lawsuit is filed, the plaintiff typically has 91 days to serve the lawsuit and execute proper service on the defendant. After 91 days, the summons expires. The court can grant extra time, but the plaintiff must petition the court for this extension.

What are the Michigan Court Rules?

The Michigan Court Rules are a set of procedures and rules established by the Michigan Supreme Court to govern the state courts of Michigan. They cover the rules of civil procedure, which includes Michigan personal injury cases. The Michigan Court Rules can be found here. Chapter 2 covers the rules for personal injury cases.

If you would like to read more in-depth about a specific Michigan law, click on the links below. If you have questions or require a FREE consultation about an injury to yourself or a loved one, please call us at 1-800-LEE-FREE or contact us for immediate answers.