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Four Michigan Injury Deadlines That Are Not the Same
One collision can produce claims that expire in different years, and the periods are set by different statutes that do not cross-reference each other. A single crash can leave one claim live and another already gone, which is why a general answer about how long someone has is usually the wrong answer.
The default for injury to a person or property is three years, under MCL 600.5805(2). Three other periods displace it depending on what is being claimed and from whom, and each has its own trigger.
Three Years for the Claim Against the At-Fault Party
MCL 600.5805(2) sets three 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. That is the period for a tort claim against whoever caused the harm, and it is the number most people have heard.
It is also the period for a mini tort claim for vehicle damage, which is a tort claim against the at-fault driver rather than an insurance benefit. Product liability actions run on three years as well, under subsection (12), with a proof consequence attached where a product has been in use for at least 10 years.
The trigger is the injury, not the discovery of it, and not the point at which treatment finishes. Our Michigan personal injury attorneys work from that date backward in every intake.
One detail in the opening subsection is worth noting. MCL 600.5805(1) measures the period from when the claim first accrued to the plaintiff, or to someone through whom the plaintiff claims, so a claim inherited or derived from another person does not restart on the date it changed hands.
One Year for No-Fault Benefits
Personal injury protection benefits do not run on the three-year period at all. MCL 500.3145 bars an action for PIP benefits more than one year after the accident unless written notice of injury was given to the insurer within that year, or the insurer already paid benefits for the injury.
Where notice was given or a payment made, the action may be brought within one year after the most recent allowable expense, work loss, or survivor’s loss was incurred. A separate limit in the same subsection caps recovery to losses incurred within one year before the action was commenced, so a timely claim can still lose older bills.
Applying the three-year figure to a benefits claim is the most common way a Michigan no-fault case is lost, and it happens because both claims arise from the same crash and nothing about the crash signals that two clocks started.
Two Years for Malpractice, With a Six-Year Outer Wall
A claim charging malpractice runs on two years under MCL 600.5805(8). The accrual rule is stricter than most people expect, because MCL 600.5838a(1) provides that a medical malpractice claim accrues at the act or omission regardless of when the plaintiff discovers it.
A discovery route exists alongside it. An action may be brought within the applicable period or within six months after the plaintiff discovers or should have discovered the claim, whichever is later, with the burden of proving non-discovery resting on the plaintiff. A six-year repose closes the outside edge except in narrow circumstances, including where discovery was prevented by fraudulent conduct.
The notice of intent required before filing interacts with all of this and does not extend it. Tolling under MCL 600.5856(c) is capped at the days remaining in the notice period, so the clock pauses rather than resetting.
The Deadlines That Run Against Someone Other Than a Defendant
Two more periods run against parties who are not the person being sued, which is what makes them easy to miss. A person claiming through the assigned claims plan must notify the Michigan Automobile Insurance Placement Facility within one year after the accident under MCL 500.3174, and a refusal of a chemical test after a traffic stop carries a 14-day window to request a hearing under MCL 257.625f.
Neither is a lawsuit deadline. Both terminate a right if they pass, and neither generates the kind of paperwork that reminds anyone they exist. The refusal window in particular starts from the date of a notice rather than from any court date, which is what makes it easy to lose while a criminal case is still being scheduled.
A wrongful death claim adds another layer. The action itself runs on the three-year period, but MCL 600.2922 imposes separate deadlines on family members who may share in the proceeds, including a duty to advise the personal representative’s attorney within 60 days of service and a requirement to present a claim by the date set for the distribution hearing. Our page on Michigan wrongful death claims covers who may bring the action.
Nothing on this list is extended by an insurer’s conduct, by ongoing treatment, or by settlement discussions. Tolling exists where a statute provides it, and the provisions that do so are narrow and specific rather than general.
The wrong deadline is worse than no deadline, because it produces confidence. A five-minute conversation sorts out which one governs. We talk these questions through with you. Call us at (800) 525-6386.
Working Out Which Deadline Governs
Sorting the periods is a document exercise rather than a judgment call, and it is far cheaper at the start of a claim than at the end of one. At Neumann Law Group, we handle injury and no-fault claims throughout Michigan, from Traverse City and Grand Rapids to Detroit. If you would like us to look at your situation, call (800) 525-6386 or contact us through our website.