Michigan Statute of Limitations: Filing Deadlines by Case Type

Michigan law sets a 3-year deadline for personal injury lawsuits and a 6-year deadline for breach of contract claims under MCL 600.5805 and MCL 600.5807. Murder and first-degree criminal sexual conduct carry no time limit for prosecution under MCL 767.24.

Understanding the statute of limitations in Michigan is essential for anyone considering legal action. Whether you are dealing with a personal injury claim, a contract dispute, or a criminal matter, Michigan law sets strict deadlines. Missing these deadlines can permanently bar your case from court.

Michigan's statutes of limitations are found primarily in the Revised Judicature Act of 1961 (MCL Chapter 600) for civil matters and in the Code of Criminal Procedure (MCL 767.24) for criminal cases. The filing periods vary based on the type of case and specific circumstances.

Hurt in Michigan? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Michigan personal injury settlement calculator. It gives an instant range based on your medical costs and Michigan's fault rule (general information, not legal advice).

Michigan Civil Statute of Limitations

Michigan's civil statute of limitations establishes the maximum time you have to file a lawsuit after a legal dispute arises. These limits typically range from one to ten years, depending on the type of case.

Once the filing deadline passes, the opposing party can raise the statute of limitations as a defense and move to dismiss the case. Any legal claim will be permanently lost once a court grants that dismissal.

Personal Injury (3 Years)

Under MCL 600.5805(2), you have 3 years from the date of injury to file a personal injury lawsuit in Michigan. This deadline applies to car accidents, slip and fall injuries, dog bites, product liability claims, and most other negligence-based torts.

For wrongful death claims, the period of limitations is also 3 years from the date of death under MCL 600.5805(2). That 3-year figure is not the whole answer. Under MCL 600.5852(1), if the person died before the period of limitations ran or within 30 days after it ran, the personal representative may commence the action within 2 years after letters of authority are issued, even though the period of limitations has already run. MCL 600.5852(4) caps that saving provision: an action may not be commenced under Section 5852 later than 3 years after the period of limitations ran.

Because of Section 5852, a wrongful death claim should not be treated as lost simply because 3 years have passed since the death. Check the date letters of authority were issued before concluding the claim is time-barred.

Intentional Torts (2 Years)

Claims for assault, battery, and false imprisonment must be filed within 2 years of the incident under MCL 600.5805(3). This 2-year period does not apply to every assault or battery claim, however: MCL 600.5805(4)-(5) extends the deadline to 5 years for an assault or battery claim brought by a person against a spouse or former spouse, a co-parent, a current or former co-resident, or a current or former dating partner.

Civil Damages for Criminal Sexual Conduct (10 Years)

Michigan also provides a separate, longer civil deadline for criminal sexual conduct. Under MCL 600.5805(6), a lawsuit to recover damages sustained because of criminal sexual conduct must be filed within 10 years. This civil claim does not depend on whether a criminal prosecution was ever brought or, if one was brought, on whether it resulted in a conviction.

Defamation: Libel and Slander (1 Year)

Michigan gives plaintiffs just 1 year to file a defamation lawsuit. Under MCL 600.5805(11), this applies to both libel (written defamation) and slander (spoken defamation).

Medical Malpractice (2 Years with Discovery Rule)

Under MCL 600.5805(8), medical malpractice claims generally must be filed within 2 years from the date the malpractice occurred. A separate statute, MCL 600.5838a, sets the specific discovery-based accrual rule for medical malpractice claims; per MCL 600.5805(14), the periods in Section 5805 are subject to any applicable repose period established there.

Michigan also imposes a statute of repose on medical malpractice claims under MCL 600.5838a, an outer filing limit that applies regardless of when the injury was discovered. Consult MCL 600.5838a directly, or a Michigan attorney, to confirm the current repose period for a specific claim.

Filing a Notice of Intent under MCL 600.2912b tolls the statute of limitations for 182 days. However, this tolling does not apply in wrongful death cases arising from medical malpractice.

Property Damage (3 Years)

Claims for damage to personal property or real property must be filed within 3 years under MCL 600.5805(2). This applies to damage caused by negligence, motor vehicle accidents, or other tortious acts.

Contracts (6 Years)

Under MCL 600.5807, Michigan provides a 6-year statute of limitations for breach of contract claims. This period applies to both written and oral contracts.

Specific contract-related deadlines under this statute include:

Fraud (6 Years)

Actions based on fraud must be filed within 6 years under MCL 600.5813. This is the same catch-all provision that covers other personal actions not specifically listed elsewhere in the statute.

If a defendant fraudulently concealed the existence of a claim, MCL 600.5855 allows the plaintiff to file within 2 years of discovering (or when they should have discovered) the concealed claim, even if the standard deadline has passed.

Trespass (3 Years)

Trespass claims in Michigan fall under the 3-year limitation for property injuries in MCL 600.5805(2). For continuing trespass situations, a new cause of action arises with each occurrence, allowing the plaintiff to recover for damages that accrued within the 3-year period before filing.

Judgments (10 Years)

Under MCL 600.5809(3), a judgment from a Michigan court of record is enforceable for 10 years from the date it was rendered. Judgments from courts not of record carry a 6-year enforcement deadline.

District court judgments entered on or after May 25, 1973 (except small claims judgments) are treated as judgments of a court of record and receive the 10-year period. Parties can renew a judgment by bringing an action on it before the limitation period expires.

Government Claims (Notice Requirement)

If your injury was caused by a dangerous road or public building, Michigan law requires you to notify the appropriate government agency within just 120 days of the injury. Failure to provide timely notice can bar the claim entirely.

Complete Civil Statute of Limitations Table

Tolling Exceptions in Michigan Civil Cases

Michigan law provides several situations where the statute of limitations clock is paused (tolled), giving plaintiffs additional time to file.

Minors

Under MCL 600.5851(1), if the injured person is under 18 years old when the claim accrues, that person has 1 year after the disability is removed to bring the action, "although the period of limitations has run." That grace year is a floor, not a ceiling. It guarantees at least one year after the 18th birthday, but it does not cut short an ordinary limitations period that runs longer. Section 5851(1) also provides that it does not lessen the time allowed by MCL 600.5852.

Medical malpractice claims belonging to children follow separate rules. Under MCL 600.5851(7), if a medical malpractice claim accrues before the child's 8th birthday, the action must be commenced on or before the child's 10th birthday or within the period set by MCL 600.5838a, whichever is later. Under MCL 600.5851(8), a claim involving injury to the child's reproductive system that accrues before the child's 13th birthday must be commenced on or before the child's 15th birthday or within the Section 5838a period, whichever is later.

Mental Incapacity

If a person is considered legally insane at the time the claim accrues, MCL 600.5851 applies in the same way. The individual has 1 year after the disability is removed to take legal action even if the period of limitations has already run. As with minority, that year is a minimum, not a cap on a longer ordinary deadline.

Absent Defendants

Under MCL 600.5853, if a defendant leaves Michigan for more than 60 days before a lawsuit can be served, the time spent outside the state may not count toward the statute of limitations.

Fraudulent Concealment

Under MCL 600.5855, if a defendant actively conceals the existence of a claim, the plaintiff has 2 years from the date of discovery to file suit, even if the original deadline has passed.

Michigan Criminal Statute of Limitations

Michigan's criminal statute of limitations sets the maximum time period within which the state must bring criminal charges. These deadlines are codified in MCL 767.24, part of Michigan's Code of Criminal Procedure.

The statute of limitations in criminal cases is an affirmative defense. The defendant must raise it, or it may be waived.

No Statute of Limitations

Michigan places no time limit on prosecuting the following offenses:

• Murder
• Criminal sexual conduct in the first degree (MCL 750.520b)
• Offenses whose evidence contains DNA from an unidentified individual. Under MCL 767.24(3)(b), for violations of MCL 750.136, 750.136a, 750.145c, 750.520e, or 750.520g, an indictment may be filed at any time while that individual remains unidentified; once the individual is identified, prosecutors have 10 years from identification or until the alleged victim's 21st birthday, whichever is later. MCL 767.24(4)(b) applies the same structure to criminal sexual conduct in the second or third degree (MCL 750.520c and 750.520d), with 15 years from identification or the alleged victim's 42nd birthday, whichever is later. This DNA rule reaches only those listed offenses, not Michigan crimes generally.

25-Year Statute of Limitations

Under MCL 767.24(2), known as Theresa Flores's Law, an indictment for a violation or attempted violation of MCL 750.13 (taking or enticing away a minor under 16) or MCL 750.462b through 750.462e (human trafficking offenses) may be found and filed within 25 years after the offense is committed.

15-Year Statute of Limitations

Criminal sexual conduct in the second or third degree must be charged within 15 years of the offense or by the alleged victim's 42nd birthday, whichever is later, under MCL 767.24(4).

That 42nd-birthday backstop was added by 2024 PA 268 and applies only to offenses committed on or after April 2, 2025. For a second- or third-degree CSC offense committed before that date, the earlier version of MCL 767.24 controls: where the victim was under 18, the deadline was 15 years after the offense or the victim's 28th birthday, whichever was later, and other second- or third-degree CSC offenses fell under the 10-year or 21st-birthday tier.

10-Year Statute of Limitations

The following crimes carry a 10-year filing deadline:

• Kidnapping
• Extortion
• Assault with intent to commit murder
• Attempted murder
• Manslaughter
• Armed robbery
• First-degree home invasion
• Child abuse and certain sex offenses under MCL 750.136, 750.136a, 750.145c, 750.520e, and 750.520g (10 years or until the alleged victim's 21st birthday, whichever is later)
• Forgery or uttering and publishing of an instrument affecting real property (10 years from commission or 10 years from recording, whichever is later)
• False pretenses involving real property
• Mortgage fraud

For crimes with a 10-year limit that are reported to police within 1 year but where the offender is unknown, the 10-year period begins when the offender is identified.

6-Year Statute of Limitations

All other felonies and misdemeanors in Michigan must be charged within 6 years of the offense under MCL 767.24(10).

Identity theft also carries a 6-year period under MCL 767.24(7), with an important exception. If the individual who committed the offense has not been identified, an indictment may be filed at any time after the offense, as long as it is filed no more than 6 years after that individual is identified.

Complete Criminal Statute of Limitations Table

Tolling in Criminal Cases

Under MCL 767.24, any time the accused is not usually and publicly residing in Michigan does not count toward the statute of limitations. This means if a suspect flees the state or goes into hiding, the clock stops until they return.

Recent Legislative Changes

Michigan legislators have actively worked to extend statutes of limitations for sexual violence crimes in recent years. 2024 PA 268 (House Bill 4485), effective April 2, 2025, raised the backstop for criminal sexual conduct in the second or third degree from the victim's 28th birthday to the victim's 42nd birthday, and removed the earlier requirement that the victim be under 18 for that longer period to apply. Under MCL 767.24(13), the changes that act made to the limitation periods apply to offenses committed on or after April 2, 2025 and do not apply retroactively. The 10-year or 21st-birthday tier and the DNA-identification rules now found in MCL 767.24(3) and (4) are older provisions that were already in the statute under 2018 PA 182, so they are not limited to offenses committed after April 2, 2025. Separately, in the 2025-2026 legislative session, Senate Bills 257-261 proposed further expanding the civil statute of limitations for damages related to criminal sexual conduct. The proposed changes would allow victims to bring civil claims until they reach age 42, within 10 years of the crime, or within 7 years of discovering the injury, whichever is later.

Those proposals would change a rule that is currently set by MCL 600.5851b. Under Section 5851b, which remains Michigan law, an individual who was a minor when victimized by criminal sexual conduct may bring a civil action for damages at any time before the later of two dates: the individual's 28th birthday, or 3 years after the individual discovers, or through the exercise of reasonable diligence should have discovered, both the injury and the causal relationship between that injury and the criminal sexual conduct. The trend in Michigan, as in many states, is toward giving sexual assault survivors more time to seek justice.

How to Determine When Your Deadline Starts

The statute of limitations clock typically starts on the date the injury or offense occurs. However, Michigan recognizes several exceptions:

Discovery rule. For medical malpractice and certain other claims, the clock starts when the plaintiff discovers (or should have discovered) the injury, not when the act occurred.

Continuing violations. For ongoing trespass or nuisance, a new cause of action arises with each violation, effectively resetting the clock for recent damages.

Accrual date for contracts. The clock for breach of contract claims starts when the breach occurs, not when the contract was signed.

Criminal offenses. The statute of limitations for criminal charges starts on the date the crime was committed, not when it was discovered or reported.

More Michigan Laws

• Michigan Car Accident Laws
• Michigan Dog Bite Laws
• Michigan Expungement Laws
• Michigan Slip and Fall Laws
• Michigan Workers Compensation Laws

Frequently Asked Questions

What is the statute of limitations for personal injury in Michigan?

Michigan gives you 3 years from the date of injury to file a personal injury lawsuit under MCL 600.5805(2). This applies to car accidents, slip and falls, dog bites, and most negligence claims. The clock starts on the date the injury occurs.

Is there a statute of limitations for murder in Michigan?

No. Michigan has no statute of limitations for murder or criminal sexual conduct in the first degree. These crimes can be prosecuted at any time, regardless of how long ago they occurred. For certain other sex-offense and child-abuse crimes, DNA evidence from an unidentified suspect can also keep a case open indefinitely until the suspect is identified, but that DNA-based extension does not apply to Michigan offenses generally.

What happens if I miss the statute of limitations deadline in Michigan?

If you file a civil lawsuit after the statute of limitations has expired, the defendant can file a motion to dismiss. The court will almost certainly grant it, and you will permanently lose the right to pursue that claim. In criminal cases, the charges would be dismissed if the defendant raises the expired statute as a defense.

Can the statute of limitations be paused or extended in Michigan?

Yes. Michigan tolls (pauses) the statute of limitations in several situations: if the injured person is a minor (at least 1 year after turning 18, even if the ordinary deadline ran out first), if the person is mentally incapacitated, or if the defendant leaves Michigan for more than 60 days. Fraudulent concealment by the defendant can also extend the deadline by 2 years from the date of discovery.

What is the statute of limitations for breach of contract in Michigan?

Michigan provides 6 years to file a breach of contract lawsuit under MCL 600.5807. This applies to both written and oral contracts. The clock starts on the date the breach occurs. Certain specialized contracts, like covenants in deeds or mortgages, have a longer 10-year limitation period.