A statute with no limitations period of its own
Michigan's Wrongful Death Act, MCL 600.2922, genuinely does not contain its own statute of limitations. Instead, any action brought under the act "borrows" whatever deadline applies to the underlying cause of action. If the death resulted from ordinary negligence — a car accident, for example — that borrowed deadline is the standard three years. If the death resulted from medical malpractice, the borrowed deadline is the shorter two years that governs malpractice claims generally.
Why this genuinely matters
This structure means two wrongful death cases, with facts that look superficially similar, can carry meaningfully different deadlines depending entirely on what caused the death. A family assuming a flat, universal "wrongful death deadline" applies could seriously miscalculate how much time they actually have, particularly in a case involving a medical setting.
The wrongful death "saving provision"
Michigan law includes a separate safety net, the wrongful death saving provision under MCL 600.5852. If the underlying limitations period would expire, or expires within 30 days, before a personal representative of the estate is appointed, the estate generally gets two additional years from when letters of authority are actually issued to bring the claim — though this extension is itself capped, and an action may never be commenced more than three years after the original limitations period expired.
Minors and legally incapacitated persons: a short grace period
Under MCL 600.5851, a minor or legally incapacitated person generally has just one year from when their disability is removed to bring a claim — a notably shorter grace period than simply receiving the full underlying deadline (three years, for example) counted from that point, which is the more common approach in many other states.
Fraudulent concealment
Under MCL 600.5855, if a defendant fraudulently conceals the existence of a claim from the person entitled to bring it, the limitations period can be extended to account for that concealment, rather than running from the date of the underlying act alone.
What doesn't pause the clock
A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Michigan's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.