What is the saving provision?

Under MCL 600.5852, if a person dies before the limitations period has run or within 30 days after it runs, the personal representative may commence the action within 2 years after letters of authority are issued, even though the period has run. The action may not be commenced later than 3 years after the original limitations period has run.

Why does the letters-of-authority date matter?

Only a personal representative can file, and a probate estate must be opened to appoint one. Delays in opening the estate can consume time, which is what the saving provision is meant to cushion, but it has limits.

What if the death followed medical malpractice?

The two-year malpractice deadline under MCL 600.5838a applies, with its six-month discovery extension and six-year outer limit, along with the 182-day notice of intent. The malpractice clock is shorter than the general three-year period.

What is the deadline for an ordinary personal injury claim?

Generally 3 years under MCL 600.5805. Michigan does not generally apply a discovery rule to ordinary injury claims, so waiting to see how an injury develops can cost time.

Wrongful Death Deadline vs. Personal Injury Statute of Limitations

Q: What is the Michigan wrongful death deadline?

Generally three years, tied to the limitations period for the underlying injury claim under MCL 600.5805. Because the wrongful death action recovers what the decedent could have recovered, practitioners treat the three-year period as the working deadline and confirm it with an attorney.

By the FigureMyTax Editorial Team · How we calculate

Michigan's wrongful death deadline is the familiar three years, with a saving provision aimed at the one thing that can derail a death case: the time it takes to appoint a personal representative.

Three years as the working deadline

MCL 600.5805(2) generally gives three years for actions for death or personal injury. Because a wrongful death action recovers what the decedent could have recovered, three years is the working deadline for most cases, and the safe course is to treat it as firm.

The saving provision

Under MCL 600.5852, if the person dies before the limitations period has run, or within 30 days after it runs, the personal representative may sue within two years after letters of authority are issued, even if the original period has run. It has an outer limit: the action can't be started more than three years after the original period ran. Only a personal representative can file, so delays in opening the estate are the risk this clause addresses.

Malpractice runs on a shorter clock

If the death followed malpractice, the two-year malpractice deadline in MCL 600.5838a applies, with a six-month discovery extension and a six-year outer limit. A 182-day notice of intent must precede suit. That makes a malpractice death the most time-sensitive case of all.

No discovery rule for ordinary injuries

Michigan generally doesn't apply a discovery rule to ordinary injury claims, so the clock isn't paused while you wait to see how an injury develops. The saving provision, not a discovery rule, is the cushion in a death case.

Injured in Michigan?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Michigan attorney

Official sources

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Michigan attorney immediately.