Michigan Wrongful Death Statute Of Limitations Explained

The Michigan wrongful death statute of limitations is the period of time during which the family of a person who was killed in car accident victim has to file a wrongful death lawsuit. Under Michigan law, a lawsuit must be filed within 3 years of the deceased’s death.

What is the Michigan wrongful death statute of limitations?

Michigan law does not provide a separate statute of limitations that applies only to wrongful death lawsuits involving car accidents. Instead, the general 3-year statute of limitations for all personal injury claims applies.

Specifically, “the period of limitations is 3 years after the time of the death . . . for all actions to recover damages for the death of a person . . .” (MCL 600.5805(2))

Are there any other time limits to be aware of?

Within 30 days of filing a wrongful death accident lawsuit, the personal representative for the deceased’s estate must provide a copy of the complaint and notice to the deceased’s family members who may be entitled to a portion of the proceeds from any wrongful death recovery. (MCL 600.2922(2))

Can the Michigan wrongful death statute of limitations be extended?

If a car accident victim “dies before the period of limitations has run or within 30 days after the period of limitations has run,” his or her estate may file a wrongful death lawsuit “within 2 years after letters of authority are issued although the period of limitations has run.” (MCL 600.5852(1))

Importantly, however, the wrongful death lawsuit “shall not be commenced . . . later than 3 years after the period of limitations has run.” (MCL 600.5852(4))

Injured and need a lawyer? Call Michigan Auto Law

If you have lost a family member in a car accident and you have questions about your legal rights to bring a wrongful death lawsuit after a car accident, you can call toll free anytime 24/7 at (800) 968-1001 for a free consultation with one of our experienced auto accident wrongful death lawyers. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.