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Michigan Statute of Limitations

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

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What is Michigan’s statute of limitations?

  • Negligence – 3 years
  • Medical Malpractice–2 yrs from date of injury or 6 months after discovery (whichever is later).   But no more than 6 yrs after accident. 
  • Product Liability – 3 years after suffering injury
  • Wrongful Death – 3 years after date of death

Caps on Attorney Awards: The maximum contingency fee for personal injury action is third of amount recovered.

Caps on damages – Michigan Statute of Limitations Laws
Medical Malpractice – Non-economic damages for malpractice are limited to $500,000.00, subject to annual adjustment for inflation.

Product Liability– 20 Mich. Civ. Jur. Products Liability § 33, In an action for product liability, the total amount of damages for noneconomic loss may not exceed $280,000.00, unless the defect in the product caused either the person's death or permanent loss of a vital bodily function, in which case the total amount of damages for noneconomic loss shall not exceed $500,000.00. Definition: "Economic loss" means objectively verifiable pecuniary damages arising from medical expenses or medical care, rehabilitation services, custodial care, loss of wages, loss of future earnings, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, or other objectively verifiable monetary losses.[FN6] "Noneconomic loss" means any type of pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, or other nonpecuniary damages.[FN7] "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether injury results.

Pharmaceutical cases – No statutes that strictly cap awards for pharmaceutical cases

Special Rules for Michigan Minors (minors tolling)
Except in cases of medical malpractice or wrongful death, minors have one year after their 18th birthday to file suit, but in no event can the time period be lessened below the period provided in the statute of limitations that actually applies to the action

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Michigan Trial Lawyers Association
504 S. Creyts Rd, Ste B
Lansing, MI 48917

Michigan State Police Headquarters
714 S. Harrison Road
East Lansing, Michigan 48823

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