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Michigan Wrongful Death Statute Of Limitations: What You Need To Know

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) 777-0028 for a free consultation with one of our experienced auto accident attorneys. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.