You've been injured in Michigan. Maybe you were hurt by a careless doctor, or fell on an icy sidewalk, or got punched by a drunk bar patron. You're thinking about a personal injury (PI) insurance claim or a lawsuit. But like most Michiganders, you don't know much about the laws and procedures that will govern your case.
We'll get you up to speed on the basics, starting with the deadlines to file a PI lawsuit in Michigan court. From there, we cover special rules that apply to claims against the government, where your case will be filed, what happens if you're partly to blame for your injuries, and much more.
A "statute of limitations" is a law that limits your time to file a lawsuit in court. Starting with Michigan's three-year general rule, we'll review the state's personal injury limitation periods.
As a general rule, you have three years to file a personal injury lawsuit. (Mich. Comp. Laws § 600.5805(2) (2024).) The clock normally starts running on the date you were injured. (Mich. Comp. Laws § 600.5827 (2024).) Some of the most common PI claims covered by this three-year rule include:
(Learn more about Michigan wrongful death lawsuits and slip-and-fall laws.)
Michigan's three-year PI statute of limitations isn't a "one-size-fits-all" rule. Other filing deadlines apply to specific personal injury cases. Here are some examples.
Intentional injuries. When the defendant (the party you're suing) purposefully or deliberately harms you, the law calls it an "intentional tort." While there are exceptions—see Mich. Comp. Laws § 600.5805(4)-(6) (2024)—in most cases you have two years to sue for the intentional torts of assault and battery and false imprisonment. (Mich. Comp. Laws § 600.5805(3) (2024)
Defamation of character. You don't have much time to act when the defendant makes a false statement of fact about you that harms your reputation in the community. The deadline to file a defamation lawsuit is just one year from the date the defamatory statement is made. (Mich. Comp. Laws § 600.5805(11) (2024).)
(Learn more about Michigan's defamation statute of limitations.)
Medical malpractice. Michigan has a number of special rules that apply in medical malpractice lawsuits. One of them is the statute of limitations. Mich. Comp. Laws § 600.5805(8) (2024) gives you two years to sue for medical malpractice. The clock starts on the date the malpractice happens. (Mich. Comp. Laws § 600.5838a(1) (2024).)
In some situations, you might get more time to file. (See Mich. Comp. Laws § 600.5838a(2) (2024).)
(Here's more about Michigan's medical malpractice statute of limitations.)
Dangerous products. When you're hurt by a dangerous or defective product, it's called a "product liability" case. The deadline to file a Michigan product liability lawsuit is three years. (Mich. Comp. Laws § 600.5805(12) (2024).)
In some situations, yes, the filing deadline might be extended. Note that these extensions aren't automatic. They're exceptions to the normal statute of limitations rules, meaning it's up to you to prove you should get more time. Quite often, the defendant will put up a serious fight. You'll want an experienced lawyer representing you to make your arguments to the court.
The injured person is legally disabled. A "legally disabled" person can't manage their own legal affairs without help, usually from a parent or legal guardian. Michigan law considers minors (younger than 18 years old) and those who are "insane" to be legally disabled.
A legally disabled person who suffers a personal injury has one year from the date the disability is "removed" to bring a personal injury lawsuit. (Mich. Comp. Laws § 600.5851 (2024).)
Defendant leaves Michigan to avoid being sued. It should come as no surprise that most defendants aren't eager to be sued for their misconduct. Occasionally, they go to extreme lengths to avoid a lawsuit, like fleeing the state. Should that happen in your PI case, Michigan law probably gives you additional time.
The deadline clock is paused until they return to Michigan as to any defendant who:
But there's a catch: This extension only applies when, because of the defendant's absence from Michigan, you're unable to serve them with your lawsuit. In other words, if a court later decides you could have served the defendant while they were outside Michigan, the statute runs during their absence. (Mich. Comp. Laws § 600.5853 (2024).)
Fraudulent concealment. Suppose the defendant fraudulently conceals your PI claim, or the identity of a person who might be legally responsible for your claim. Michigan law allows you additional time to bring a lawsuit. You have two years from the date you discover or should have discovered your claim, or the identity of the potentially responsible party, to sue. (Mich. Comp. Laws § 600.5855 (2024).)
Suing the government or a government employee isn't like suing a private person or a business. You have to follow special rules and procedures. Even if you win, the compensation ("damages") you can collect will probably be limited. Long story short: If you were hurt by the government or a government employee, hire a Michigan lawyer who specializes in government claims.
The Michigan law that governs claims against the government—state and local—is called the Government Tort Liability Act. The Act lists seven categories of claims for which the government and its employees can be held legally responsible. If your claim doesn't fall within one of those seven categories, then the government is immune from (not legally responsible for) it.
Before you can file a lawsuit against Michigan, a local Michigan government, or a government employee, you first must give the government written notice of your claim. As a rule, you don't have much time to provide this notice. For example, if you were injured because of a dangerous road or public building, you must notify the appropriate government agency within just 120 days after the date you were hurt. Different deadlines apply to other kinds of claims.
Fail to give the required notice and chances are you won't be allowed to sue for damages.
(Learn more about claims against the government in Michigan.)
Unless you plan to file your PI case in Michigan's small claims court—where your damages can't exceed $7,000—you should have a Michigan attorney prepare, file, and handle your lawsuit. Why? Among other reasons, because your case will be governed by the Michigan Rules of Civil Procedure and the Michigan Rules of Evidence.
These rules are complicated and difficult to understand. Chances are you're not familiar with them, and the time to learn isn't while you're trying to handle your own case. A Michigan personal injury lawyer knows these rules and how they apply to your lawsuit.
Most personal injury lawsuits are filed in the Michigan Circuit Court, the state's court of original, general jurisdiction. In other words, this is the court where most cases, both criminal and civil, begin.
All PI cases involving damages of more than $25,000 belong in the Circuit Court, unless you're suing the State of Michigan. Personal injury lawsuits involving damages of more than $1,000 against the state are filed in the Michigan Court of Claims, located in Ingham County.
When you're asking for not more than $25,000 in damages, you can file your case in the Michigan District Court.
Except for cases filed in the Court of Claims, your lawyer will have to file in the correct "venue," or location. In most personal injury cases, that will be the place:
(Learn more about how to file a personal injury lawsuit.)