Michigan Personal Injury Laws

If the injured person is under 18 when the claim accrues, they have 1 year after turning 18 to file suit, even if the normal period has expired.

Wrongful death claims must be filed within 3 years of death. If the decedent dies before or within 30 days after the limitations period runs, the personal representative has 2 years after letters of authority are issued.

Assault and battery claims involving domestic violence have a 5-year statute of limitations, longer than the standard 2 years for assault.

Michigan does not cap economic or noneconomic damages in general personal injury cases.

Noneconomic damages in product liability are capped at $596,400 (2026, adjusted annually). Enhanced cap of $1,065,000 for death or permanent loss of a vital bodily function.

Filing fees for civil complaints in Michigan Circuit Courts are approximately $175, varying by county.

Cases are filed in the circuit court of the county where the cause of action arose or where a defendant resides.

To sue for noneconomic damages (pain and suffering) from an auto accident, the injured person must show death, serious impairment of body function, or permanent serious disfigurement. "Serious impairment" requires an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life.

Policyholders choose PIP coverage: unlimited (10% premium reduction), $500K (20% reduction), $250K (35% reduction), $50K (45% reduction, Medicaid enrollees only), or opt-out if covered by qualified health insurance.