Michigan's Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Wrongful Death
A wrongful death action accrues on the date of death and must be filed within three years of that date.
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, or within six months after the plaintiff discovers, or should have discovered the injury, whichever date is later, but in no event more than six years after the date that the act occurred. In the case of a minor under eight years of age, the action must be commenced by the minor’s 10th birthday or within two years of the date of the injury, whichever time period is greater. Additionally, in cases where a minor under 13 suffers an injury to the reproductive system, the action must be filed by the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. In all other medical malpractice cases involving minors under 18, the minor has one year after his or her birthday to file suit, but in no event less than two years after the date of the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice or wrongful death, minors have one year after their 18th birthday to file suit, but in no event can the time period be lessened below the period provided in the statute of limitations that actually applies to the action.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
