What is the statute of limitations for personal injury claims in Michigan?

3 years from date of injury. Source: Mich. Comp. Laws § 600.5805. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Michigan?

Yes — Michigan applies the following caps: Medical malpractice non-economic cap ($596,400, or $1,065,000 for certain permanent injuries (2026), adjusted each year) under Mich. Comp. Laws § 600.1483. See the caps section above for the conditions under which each applies.

Does Michigan operate a no-fault auto insurance scheme?

Yes. Michigan is a no-fault auto insurance jurisdiction. Michigan operates the most comprehensive no-fault auto scheme in the US under PA 1972, restructured by PA 21 of 2019 with PIP coverage tier choice (capped at $50k, $250k, $500k, or unlimited). Tort recovery for non-economic damages requires meeting the serious-injury threshold under § 500.3135.

How are settlements typically valued in Michigan?

Practitioners and adjusters in Michigan value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Michigan attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Michigan's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Michigan personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · Midwest

Personal injury in
Michigan.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 26 October 20267 min read

Michigan applies modified-51 comparative fault and runs the United States' most comprehensive PIP no-fault auto scheme, restructured by PA 21 of 2019 with driver-elected coverage tiers.

Michigan operates the most comprehensive no-fault auto insurance scheme in the United States. Originally enacted as PA 1972, the scheme was substantially restructured by Public Act 21 of 2019, effective July 2020. Drivers now choose their PIP coverage limit at four levels: $50,000 (Medicaid recipients), $250,000, $500,000, or unlimited (the historic default).

Tort recovery for non-economic damages is restricted to claims meeting the serious-injury threshold under § 500.3135, death, serious impairment of body function, or permanent serious disfigurement. The medical-malpractice non-economic damages cap is inflation-indexed; for 2025 the figures are approximately $596,000 standard and $1.064 million for catastrophic injuries (death, paraplegia, hemiplegia).

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★ statute of limitations

3 years from date of injury

Mich. Comp. Laws § 600.5805

★ fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MI · statutory caps

What caps recovery.

Caps and ceilings imposed by Michigan law that bear on settlement values.

Medical malpractice non-economic cap
Med-mal cases
$596,400, or $1,065,000 for certain permanent injuries (2026), adjusted each year
Mich. Comp. Laws § 600.1483

★ MI · key facts

What makes Michigan different.

The handful of details that distinguish this jurisdiction from its neighbours.

Most comprehensive PIP no-fault scheme in the US
PA 21 (2019) introduced PIP tier choice, drivers select coverage limit
Med-mal cap $596,400 / $1,065,000 (2026)
3-year SOL
Serious-injury threshold for tort pain and suffering

★ MI · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Michigan law.

★ MI · court decisions

What Michigan courts have decided.

Reported Michigan decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
McDanield v. Hemker
Michigan Court of Appeals · 2005
Dismissal reversed; serious impairment found
A pickup truck sped into an intersection and struck McDanield’s van, which tipped onto two wheels; she hit her head on the window and her neck was jerked back and sideways.
whiplash in Michigan →
Whiplash
Patrick v. Turkelson
Michigan Court of Appeals · 2018
Dismissal reversed; question of fact
Lindsey Patrick was hit leaving a hospital parking lot in 2013 and described the airbags as an explosion.
whiplash in Michigan →
Back & spine
Johnson v. Recca
Michigan Court of Appeals · 2011
Summary disposition reversed
A pedestrian was hit by a car in 2004 and knocked backwards.
back & spine in Michigan →
Head & brain
Craig v. Oakwood Hospital
Michigan Supreme Court · 2004
Plaintiff’s verdict reversed; judgment for defendants
Antonio Craig has cerebral palsy, intellectual disability and other neurological conditions.
head & brain in Michigan →
Fracture
McCormick v. Carrier
Michigan Supreme Court · 2010
Serious impairment found; dismissal reversed
Rodney McCormick loaded trucks at a GM plant, working 9 to 10 hour shifts six days a week.
fracture in Michigan →
Fracture
Kandil-Elsayed v. F & E Oil
Michigan Supreme Court · 2023
Dismissal reversed
Ahlam Kandil-Elsayed slipped and fell on snow and ice at a gas station and sued the operator, which won dismissal because the danger was open and obvious.
fracture in Michigan →
Medical negligence
Dawe v. Dr. Reuven Bar-Levav & Associates
Michigan Court of Appeals · 2010
Jury noneconomic award reduced to the cap
In 1999 a former patient shot and killed a psychiatrist and fired dozens of rounds into a group therapy room, wounding Dawe.
medical negligence in Michigan →
Workplace
Luce v. Kent Foundry
Michigan Court of Appeals · 2016
Dismissal affirmed
A foundry worker operated a wheelabrator whose 11 foot, 10,000 pound door slammed into a steel I-beam when its doorstops were missing.
workplace in Michigan →

★ MI · rules that decide claims

The rules in Michigan.

Statutes and rulings that come up again and again in Michigan injury claims, each with its source.

No fault threshold	Pain and suffering after a car crash requires death, permanent serious disfigurement, or a serious impairment of body function: “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.”MCL 500.3135(5), as quoted in Patrick v. Turkelson (Mich. Ct. App. 2018)
Seat belt use	Failure to wear a belt can be negligence, but cannot reduce the recovery by more than 5%.MCL 257.710e, in the MyClaimWorth seat belt chart
Deadline to sue	“3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”MCL 600.5805, as quoted in Henry v. Dow Chemical (Mich. Ct. App. 2017)
Fault rule	A plaintiff more than 50% at fault cannot recover noneconomic damages; economic damages are reduced by the plaintiff’s share.MCL 600.2959, as explained in Kandil-Elsayed v. F & E Oil (Mich. 2023)
Excess economic loss	A claim against the at fault driver can include economic losses beyond what no fault benefits pay, as well as noneconomic damages if the threshold is met.Johnson v. Recca (Mich. Ct. App. 2011)
Expert causation	A trial court must act as gatekeeper for expert testimony linking a medical event to a brain injury; unreliable causation testimony cannot support a verdict.Craig v. Oakwood Hospital (Mich. 2004)
Malpractice cap for brain injury	In malpractice cases the higher noneconomic limit, $1,065,000 in 2026, applies to certain permanent injuries, which include brain injury.Michigan Department of Treasury, 2026 noneconomic damages notice
Open and obvious hazards	Since 2023 an open and obvious condition is weighed in breach and comparative fault, not used to deny that the owner owed any duty.Kandil-Elsayed v. F & E Oil (Mich. 2023)

★ other US jurisdictions

Compare across United States.

How Michigan compares with its neighbours in the Midwest on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Michigan· you are here	Modified comparative, 51% bar	3 years from date of injury
Illinois (IL)	Modified comparative, 51% bar	2 years from date of injury
Indiana (IN)	Modified comparative, 51% bar	2 years from date of injury
Iowa (IA)	Modified comparative, 51% bar	2 years from date of injury
Kansas (KS)	Modified comparative, 50% bar	2 years from date of injury
Minnesota (MN)	Modified comparative, 51% bar	6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)	Modified comparative, 50% bar	6 years for personal injury; 2 years for medical malpractice
Ohio (OH)	Modified comparative, 51% bar	2 years from date of injury
South Dakota (SD)	Slight versus gross negligence	3 years from date of injury
Wisconsin (WI)	Modified comparative, 51% bar	3 years from date of injury

Every United States jurisdiction compared

★ MI · frequently asked

Common questions.

Common questions about personal injury claims in Michigan, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Michigan?
3 years from date of injury. Source: Mich. Comp. Laws § 600.5805. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Michigan?
Modified comparative, 51% bar. Modified comparative, recovery barred at 51% claimant fault.
Are there caps on damages in Michigan?
Yes — Michigan applies the following caps: Medical malpractice non-economic cap ($596,400, or $1,065,000 for certain permanent injuries (2026), adjusted each year) under Mich. Comp. Laws § 600.1483. See the caps section above for the conditions under which each applies.
Does Michigan operate a no-fault auto insurance scheme?
Yes. Michigan is a no-fault auto insurance jurisdiction. Michigan operates the most comprehensive no-fault auto scheme in the US under PA 1972, restructured by PA 21 of 2019 with PIP coverage tier choice (capped at $50k, $250k, $500k, or unlimited). Tort recovery for non-economic damages requires meeting the serious-injury threshold under § 500.3135.
How are settlements typically valued in Michigan?
Practitioners and adjusters in Michigan value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Michigan attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Michigan's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Michigan personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Michigan statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Michigan. See /methodology, /sources, and /disclaimer.

Personal injury inMichigan.

Personal injury in
Michigan.