What Is the Statute of Limitations for Wrongful Death in Michigan?
In Michigan, the statute of limitations for wrongful death is generally 3 years under Mich. Comp. Laws §§ 600.2922, 600.5805.
Wrongful death Deadlines in Michigan
How long do you have to file a wrongful death claim in Michigan?
In Michigan, the statute of limitations for wrongful death is generally 3 years under Mich. Comp. Laws §§ 600.2922, 600.5805.
When does the clock start for wrongful death in Michigan?
Generally three years, running from the date of death.
Can the Michigan deadline for wrongful death be extended?
Michigan treats wrongful death as a derivative action, so the period follows whatever claim the decedent could have brought — a death from medical malpractice runs on the shorter § 600.5838a clock instead. Check the underlying theory before relying on three years.
Is the deadline different if the claim is against the government in Michigan?
Often, yes. Written notice within 120 days for highway defect claims under Mich. Comp. Laws § 691.1404. Section 691.1404 requires written notice within 120 days of the injury for a claim arising from a defective highway, specifying the exact location and nature of the defect, the injury sustained, and the names of known witnesses. Other categories of claim again…
How does Michigan compare to other states for wrongful death?
Michigan's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Michigan:
