Michigan statute of limitations by claim
In Michigan you generally have 3 years to sue for personal injury, 3 years for property damage, 6 years on a written contract and 6 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | MCL 600.5805(2)Assault, battery and false imprisonment: 2 years (§ 5805(3)); assault or battery by a spouse, former spouse, co-parent, household member or dating partner: 5 years (§ 5805(4), (5)); criminal sexual conduct: 10 years (§ 5805(6)); malicious prosecution: 2 years (§ 5805(7)). |
| Medical malpractice | 2 years2 years from the act or omission, or 6 months from discovery, whichever is later | MCL 600.5805(8); 600.5838aRepose: 6 years from the act or omission, except fraudulent concealment by the provider or loss of the ability to procreate (§ 5838a(2)) The plaintiff must prove the claim was not and should not have been discovered at least 6 months before the 2 years ran. A written notice of intent must be given at least 182 days before suit (§ 600.2912b); notice given near the deadline tolls it for the rest of the notice period (§ 600.5856(c)). Children injured before age 8 have until their 10th birthday or the normal period, whichever is later (§ 600.5851(7)). |
| Wrongful death | 3 years | MCL 600.5805(2)If the injured person dies before the period runs (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, but no later than 3 years after the period ran (§ 600.5852). Death from medical malpractice follows the malpractice periods. |
| Property damage | 3 years | MCL 600.5805(2)Same 3-year period applies to injury to persons or property. |
| Written contract | 6 years | MCL 600.5807(9)Covenants in a deed or mortgage of real estate: 10 years (§ 5807(5)). Sales of goods follow the UCC's 4-year rule (MCL 440.2725). |
| Oral contract | 6 years | MCL 600.5807(9)Michigan does not distinguish written and oral contracts: both fall under the 6-year breach of contract period. |
| Credit card / account debt | 6 years | MCL 600.5807(9)Credit card and other consumer debt suits are breach of contract claims with the 6-year period. |
| Fraud | 6 years | MCL 600.5813Fraud falls under the 6-year catch-all for "all other personal actions". If the defendant fraudulently concealed the claim or the identity of the person liable, suit may be brought within 2 years after discovery even if the period has run (§ 600.5855). |
| Defamation | 1 year | MCL 600.5805(11)Same 1-year period for libel and slander. |
| Product liability | 3 years | MCL 600.5805(12)No product statute of repose, but for a product in use 10 years or more the plaintiff must prove a prima facie case without the benefit of any presumption (§ 5805(12)). |
What is different in Michigan
Michigan has no general discovery rule, so an injury claim runs from the date of the wrong even if the harm was found later, unless a statute such as the malpractice rule says otherwise. Malpractice suits also need a written notice of intent 182 days before filing. Assault by a spouse, dating partner or household member gets 5 years instead of the usual 2, and civil claims for criminal sexual conduct get 10.
- Michigan has no general discovery rule: an injury claim runs from the date of the wrong even if you did not know you were hurt, unless a statute (such as malpractice or fraudulent concealment) says otherwise. (MCL 600.5827; Trentadue v. Buckler (2007))[10]
- Claims against the State for injury or property damage need a verified written claim or notice in the Court of Claims within just 6 months of the event. (MCL 600.6431(4))[11]
- Assault or battery by a spouse, former spouse, dating partner or household member has a 5-year limit, more than double the 2-year limit for other assaults; civil claims for criminal sexual conduct get 10 years. (MCL 600.5805(3)-(6))[12]
- Medical malpractice suits require a written notice of intent at least 182 days before filing. (MCL 600.2912b)[13]
When the clock starts and stops
Michigan has no general common-law discovery rule: a claim accrues when the wrong is done, regardless of when damage results (§ 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich 378 (2007)). Statutory exceptions cover medical and professional malpractice (6 months from discovery) and fraudulent concealment (2 years from discovery). (MCL 600.5827, 600.5838, 600.5838a, 600.5855)
Minors. Michigan pauses the clock for minors only in limited situations. The clock runs during minority, but a person under 18 when the claim accrued has at least 1 year after turning 18 to sue, even if the period has run (§ 5851(1)). Medical malpractice: injury before age 8, until the 10th birthday or the normal period, whichever is later (§ 5851(7)). Criminal sexual conduct against a minor: until age 28, or 3 years after discovering the injury and its cause, whichever is later (§ 600.5851b).[6]
Other tolling. Insanity at accrual gets the same 1-year grace period as minority, and disabilities arising later are not recognized (§ 600.5851(3)); fraudulent concealment allows 2 years from discovery (§ 600.5855); a medical malpractice notice of intent tolls the period (§ 600.5856(c)).
Suing the government in Michigan
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written claim or notice of intention filed with the Court of Claims clerk within 6 months after the event for personal injury or property damage; within 1 year for other claimsClaim filed in the Court of Claims within 3 years after it accrues (MCL 600.6452(1)) | MCL 600.6431(1), (4) |
| Cities, counties and other local entities | Defective highway or road claims: written notice to the government agency within 120 days of the injury (180 days for minors or incapacitated persons); no general state-law notice for other claims against cities and countiesSuit within the ordinary limitation period (e.g. 3 years for injury, MCL 600.5805) | MCL 691.1404 |
Criminal statute of limitations in Michigan
Most felonies in Michigan: 6 years for most offenses; 10 years for kidnapping, extortion, attempted murder, manslaughter, armed robbery and first-degree home invasion. Misdemeanors: 6 years.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 6 years for most offenses; 10 years for kidnapping, extortion, attempted murder, manslaughter, armed robbery and first-degree home invasionTime the accused does not usually and publicly reside in Michigan is not counted (§ 767.24(11)). 2024 PA 268 (effective April 2, 2025) changed some periods for offenses committed on or after that date (§ 767.24(13)). | MCL 767.24(6), (10) |
| Misdemeanors | 6 years | MCL 767.24(10) |
| No time limit | Murder (and conspiracy or solicitation to commit it), first-degree criminal sexual conduct, and explosives, human trafficking and terrorism offenses punishable by life imprisonment | MCL 767.24(1) |
| Sexual assault | First-degree CSC: no limit. Second- and third-degree CSC: 15 years or the victim's 42nd birthday, whichever is later; fourth-degree: 10 years or the victim's 21st birthday; no limit while DNA evidence belongs to an unidentified person (§ 767.24(3), (4)). | MCL 767.24(1), (3), (4) |
| Theft | No theft-specific period: the 6-year general rule applies; identity theft has 6 years (no limit while the offender is unidentified) and real property false pretenses or mortgage fraud 10 years (§ 767.24(7), (9)). |
Worked example
A collision at a Grand Rapids intersection on October 12, 2024: under the personal injury deadline is October 12, 2027.
For a claim of $7,000 or less, Michigan’s small claims (Small Claims Division of the District Court) is usually faster and cheaper; see our Michigan small claims court guide.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Michigan?
What is the statute of limitations on debt in Michigan?
Does the statute of limitations pause for minors in Michigan?
What crimes have no statute of limitations in Michigan?
What is the statute of limitations on debt in Michigan?
Sources
- MCL 600.5805(2): personal injury limitation period
- MCL 600.5805(8); 600.5838a: medical malpractice limitation period
- MCL 600.5805(2): wrongful death limitation period
- MCL 600.5807(9): written contract limitation period
- MCL 600.5807(9): credit card / account debt limitation period
- MCL 600.5851(1): tolling for minors
- MCL 600.6431(1), (4): claims against the state
- MCL 691.1404: claims against local government
- MCL 767.24(6), (10): criminal limitation periods
- MCL 600.5827; Trentadue v. Buckler (2007)
- MCL 600.6431(4)
- MCL 600.5805(3)-(6)
- MCL 600.2912b
- Michigan small claims (official court self-help)