Michigan Wrongful Death Statute of Limitations and Deadlines
Quick Answer: Michigan Wrongful Death Deadline
Generally, the underlying lawsuit deadline is three years under MCL 600.5805. Michigan's wrongful death statute, MCL 600.2922, allows the personal representative to bring the claim. But the exact deadline depends on the type of claim that caused the death.
Some claims have shorter deadlines or special notice requirements. For example, a claim for wrongful death, medical malpractice claims, claims against government defendants, and Dram Shop claims all require separate deadline analysis. Missing the correct deadline can permanently bar the claim.
The safest rule is simple: do not wait to get legal help. Do not assume Michigan law pauses for grief, a criminal case, an insurance investigation, or probate. It is imperative to contact our attorneys early so that they may preserve evidence, coordinate probate matters, address personal representative authority, and identify all responsible parties.
The Three-Year Rule Applies to Many Michigan Wrongful Death Cases
The Michigan wrongful death statute is MCL 600.2922. It allows a lawsuit when a person's death, or injuries resulting in death, that may be caused by another person's wrongful act, neglect, or fault.
The wrongful death statute does not create one independent deadline for every case. In Michigan, wrongful death is tied to the underlying claim the person could have brought if they had survived. For many negligence cases, including fatal car accidents, truck accidents, and premises liability claims, the limitations period is generally three years under MCL 600.5805.
That does not mean every family has a comfortable three-year runway. Attorneys need time to investigate, gather records, interview witnesses, inspect evidence, consult experts, coordinate estate issues, and prepare the case before filing. During the three years, surveillance footage may be overwritten, vehicles may be repaired or destroyed, witnesses may forget, and records may take time to obtain. It is imperative not to wait.
When Does the Clock Start?
This is where families often receive bad information.
Under MCL 600.5805, the general three-year period for death or injury claims runs from the time of the underlying wrongful act which caused the death or the injury. It is important to act fast.
If your loved one was killed immediately in a crash, the death and injury dates may be the same. If your loved one was injured and died later, the underlying claim may already have started before death.
The point is not to guess. Our attorneys map the date of injury, date of death, underlying claim type, personal representative appointment date, and any notice requirements before anyone assumes time remains.
The Wrongful Death Saving Statute
Michigan's wrongful death saving statute, MCL 600.5852, may allow a personal representative additional time to bring a claim in certain limited circumstances. The rules are technical, the statute is not a loophole, and it should not be relied on without legal review. This is why it is important to speak with an attorney early, so we can review the deadlines and determine whether the saving statute applies to your case.
Deadlines That Can Be Shorter or Different
The three-year rule is not universal. These are the situations that most often change the timeline.
| Situation | Deadline issue |
|---|---|
| Medical malpractice wrongful death | Medical malpractice claims generally have a two-year limitations period under MCL 600.5805. A 182-day written notice is generally required under MCL 600.2912b before filing. |
| Claims against the State of Michigan | Under MCL 600.6431, claims against the State generally require a claim or notice within one year after the claim has accrued. |
| Governmental Liability Claims | Michigan's Governmental Tort Liability Act has specific exceptions and notice requirements. For example, public building claims under MCL 691.1406 require notice within 120 days after the injury occurred. |
| Dram Shop claims | A claim against a licensed alcohol provider under MCL 436.1801 must be filed within two years after the injury or death. |
| Product liability wrongful death | Product liability actions generally have a three-year limitations period under MCL 600.5805. |
| Criminal case from the same death | A criminal prosecution does not automatically pause the civil wrongful death deadline. The family can lose the civil claim while waiting for the criminal case to finish. |
Medical Malpractice Wrongful Death
The general malpractice limitations period is two years under MCL 600.5805. Under MCL 600.5838a, a medical malpractice claim accrues at the time of the act or omission that is the basis for the claim, regardless of when the plaintiff discovers or had knowledge of the claim. However, the statute does provide limited exceptions when the claim was discovered, or should have been discovered, later.
Before filing, MCL 600.2912b generally requires a written notice to the health professional or health facility at least 182 days before the lawsuit is commenced. That notice period has to be built into the filing strategy. Waiting until the two-year deadline can prevent you from filing your claim.
Government Defendants and Notice Rules
If the possible defendant is a city, county, township, public school, state agency, public hospital, road commission, police department, or government employee, our attorneys do not rely on the standard three-year deadline alone.
Governmental immunity is broad in Michigan, and the exceptions are narrow. Some claims require a short time frame to provide written notices. Highway defect claims have their own notice statute and requirements.
The key point is that there is no single "government defendant deadline." The correct deadline depends on the type of government entity, the type of claim, and the statutory exception that applies.
What Happens If the Deadline Passes?
If a case is filed after the statute of limitations has passed, the defendant can ask the court to dismiss the case. If a court grants the defendant's motion and no exception applies, the case will be dismissed.
That is why deadline review needs to happen early. Our attorneys identify the underlying claim, the correct limitations period, any notice requirements, when an appointment of a personal representative is needed, and any possible saving statute that applies before the family relies on a deadline.
Tolling and Discovery Rules Are Narrow
Tolling means pausing or extending the limitations period. Michigan law recognizes tolling in limited circumstances, but families should not count on tolling to rescue a late claim.
Important examples include:
- Fraudulent concealment under MCL 600.5855, when an actor fraudulently concealed the existence of the claim or identity of a person liable for a claim.
- Infancy or insanity under MCL 600.5851, when the person first entitled to bring the action was under 18 or insane when the claim accrued. This is subject to statutory limits and MCL 600.5851 exceptions.
Who Can File a Michigan Wrongful Death Lawsuit?
Under MCL 600.2922, a wrongful death lawsuit must be brought by and in the name of the personal representative of the deceased person's estate. The personal representative is appointed through probate court.
The personal representative is generally a surviving spouse, adult child, parent, or another individual with a close connection to the deceased. If no estate has been opened, the lawsuit cannot be filed until a personal representative is appointed.
The people who may be entitled to damages are listed in MCL 600.2922. They include but are not limited to the deceased person's spouse, children, descendants, parents, grandparents, brothers and sisters, children of the deceased person's spouse, and, when the statute applies, certain heirs, devisees, or trust beneficiaries.
Why Contacting an Attorney Early Matters
If your loved one died recently and you have not spoken with an attorney, early review gives the case more room to be built properly. Our attorneys can:
- Preserve vehicles, products, scene evidence, photos, and surveillance video.
- Obtain police reports, medical records, autopsy records, employment records, insurance information, and electronic data.
- Identify any responsible persons or companies.
- Coordinate personal representative and probate issues.
- Build the full picture of financial loss, loss of companionship, and other damages.
Frequently Asked Questions
Can we file a wrongful death lawsuit if there was also a criminal case?
Yes. A criminal case and a civil wrongful death lawsuit are separate. The civil statute of limitations does not automatically pause while the criminal case is pending.
What if we did not immediately know negligence caused the death?
Speak to a lawyer as soon as possible. Michigan generally does not extend deadlines simply because a family did not immediately suspect negligence. There are limited exceptions, but delayed suspicion alone is usually not enough. An attorney can review the facts and determine whether any exception may apply to your case.
The estate has not been opened yet. Is it too late?
Not necessarily, but it is urgent. A wrongful death lawsuit must be filed by the personal representative of the estate. If no personal representative has been appointed, our attorneys can help coordinate the steps required to obtain authority through probate court.
Does the deadline apply differently if the death was caused by a drunk driver?
The standard negligence claim may use the general three-year period under MCL 600.5805, but a separate Dram Shop claim against a retail liquor licensee has its own two-year deadline following injury or death under MCL 436.1801. If a retail liquor licensee such as a bar or restaurant served a visibly intoxicated person who caused the death of your loved one, our attorneys will review the Dram Shop deadline plus a statutory notice requirement immediately.
Can the family still recover if the person who caused the death also died?
Often, yes. The claim may proceed against that person's estate, and applicable insurance may still be available. But probate rules, estate procedures, and litigation deadlines can affect the strategy, so our attorneys can review your case quickly and determine the necessary steps.
Talk To a Michigan Wrongful Death Attorney
Michigan Legal Center handles wrongful death cases across Michigan, including Detroit, Grand Rapids, Flint, Lansing, Wayne County, Oakland County, Genesee County, Kent County, Metro Detroit, and Southeast Michigan.
Call (248) 886-8650 for a free consultation. No attorney fee unless we recover money for you. Case costs and fee terms are governed by the written fee agreement.
Related Reading
Legal Disclaimer
This article provides general information about Michigan wrongful death deadlines. It is not legal advice and does not create a lawyer-client relationship with Michigan Legal Center, Christopher Trainor & Associates, or any attorney. The law changes, deadlines might be shorter than expected, and specific facts matter. Speak with a lawyer about your situation.