Michigan Civil Statute of Limitations Laws

Michigan's civil statutes of limitations determine how long a plaintiff has to file a civil lawsuit. Statutes of limitations ensure that plaintiffs file cases on time and that defendants don't have the threat of lawsuits hanging over their heads. Plaintiffs should file civil cases soon after an incident happens when evidence and witnesses are readily available.

The state of Michigan also has a limitations period for criminal cases. The criminal statute of limitations gives prosecutors a time limit on how long they have to bring criminal charges for felonies and misdemeanors.

The Michigan statutes of limitations for civil causes of action depend on the type of claim. Most claims have a filing deadline of six years after the incident. Personal injury claims have a three-year statute of limitations.

Statutes of limitation put strict deadlines on the amount of time a plaintiff has to file a civil action with a Michigan court. If you miss the deadline, the court dismisses the case. You can't refile it. If you believe you have a personal injury case and may be running out of time, you should contact an attorney at once.

Michigan Civil Statutes of Limitations Laws

Code Sections

One Year

  • Libel/slander §600.5805(11)

Two Years

  • Professional malpractice §600.5805(8)

Three Years

  • Personal injury §600.5805(2)
  • Property damage §600.5805(2)
  • Product liability §600.5805(12)

Five Years

  • Injuries from domestic assault and battery §600.5805(4),(5)
  • Claim of real estate title under fiduciary deed or sale § 600.5801(1)

Six Years

  • Fraud §600.5813
  • Trespass §600.5805(2)
  • Collection of rents §600.5813
  • Debt collection §600.5813
  • Written or oral contracts §600.5807(9)
  • Judgments not of record §600.5809(3)
  • All torts not covered by statute §600.5813

10 Years

  • Judgments court of record §600.5809(3)
  • Injuries from criminal sexual conduct §600.5805(6)
  • Claim of real estate title under tax deed § 600.5801(2)

15 Years

  • Claim of real estate title under will § 600.5801(3)
  • Foreclosure § 600.5803

Tolling and the Discovery Rule

In general, claims begin or run from when the plaintiff knew of the harm. For instance, a personal injury claim begins on the day of a car accident or other injury. The victim may not discover the injuries until after the incident happens. For instance, a victim may not discover a medical malpractice injury until months or years later.

In these cases, the discovery rule allows a plaintiff to show that they couldn't have reasonably filed the claim sooner. The statute of limitations runs from the date of discovery.

If the plaintiff was under "disability" and could not have filed a claim, the statute of limitations gets paused, or "tolled" until the disability gets lifted. Tolling happens when:

  • The plaintiff is under 18. The plaintiff has one year after reaching 18 to file any civil action, regardless of when the limitation period expired.
  • The plaintiff is "insane." Insanity, for purposes of the statute, means "a condition of mental derangement [which] prevents the sufferer from comprehending rights" they otherwise would know. "Insanity" in this case does not mean adjudicated incompetent.

Note: State laws are subject to change through the passage of new legislation, court rulings, ballot initiatives, and other means. FindLaw strives to ensure the accuracy of these pages. You should contact a Michigan personal injury attorney or research the laws on your own before making any legal decisions.

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Michigan Civil Statute of Limitations Laws: Related Resources

Get Legal Advice From a Michigan Personal Injury Attorney

The civil statute of limitations gives you a strict period of time to file a civil claim. If you have a personal injury or other claim and need legal advice, contact a Michigan civil litigation attorney to ensure your case gets filed in time.

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