Michigan · Motorcycle accident · Updated
Motorcycle accident cases in Michigan: the rules and the lawyers
The deadline to file, the fault rule and the other Michigan rules that matter for a motorcycle accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Michigan that take motorcycle accident cases yet.
At a glance
Checked 7 Nov 2026 · Not legal advice
Deadline to file
We don’t show Michigan’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
If you were partly at fault
Modified: no noneconomic if plaintiff's fault exceeds others' combined
In Michigan, your share of the fault cuts what you get. If your fault is greater than everyone else’s combined, you can’t get damages for things like pain and suffering (noneconomic damages)1.
Firms we list
0 firms
None yet for motorcycle accident cases.
Know this first
Step 1: Three years to file in court, with shorter clocks
3 years(2 for medical mistakes)
In Michigan, most injury lawsuits must be filed in court within three years of the injury2. The same three years apply to a claim for someone’s death2.
Some claims run on much shorter clocks. Medical malpractice has two years2. A claim for your own no-fault car insurance benefits can have just one year3. Claims against a government body need notice within months. Each is explained below.
If the injured person died before the time ran out, the person in charge of their estate may get extra time. They can sue within two years after they are officially appointed, but no more than three years after the usual period ended4.
The list of Michigan deadlines below gives every exception with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury, wrongful death and property damage3 years
In Michigan, except as otherwise provided in the section, the period of limitations is 3 years after the time of the death or injury for actions to recover damages for the death of a person or for injury to a person or property2.
Death before limitations runs: the saving provision2 years after letters (3-year outer limit)
In Michigan, if a person dies before the limitations period runs or within 30 days after, the personal representative may bring a surviving action within 2 years after letters of authority are issued even though the limitations period has run, but not later than 3 years after the period of limitations has run4.
More detail
For medical-malpractice actions, Michigan runs the 2 years from the letters issued to the first personal representative, with a 1-year window for a successor if that representative dies or is adjudged incapacitated within the 2 years4.
If the state, a city or a road agency was involved
Step 2: Claims against the state or a city: notice within months
- Claims against the State of Michigan: 6 monthsFor an injury or property damage, a written claim or notice must be filed with the clerk of the Court of Claims within six months5. It must say when and where it happened, what the claim and damages are, and which state agency was involved. It must also be signed and sworn5.
- A defective road: 120 daysIf a road defect hurt you, notice must go to the government agency within 120 days. It must give the exact place and kind of defect, the injury, and known witnesses6.
A bill passed by the state Senate in 2025 would exempt claims for criminal sexual conduct from the Court of Claims deadlines. It was still in a House committee when we last checked7.
Find out early
If a state vehicle, public road or public building was part of what happened, ask a lawyer about notice right away. Six months and 120 days go quickly.
The law, as written
Claims against the State of Michigan6 months (PI and property)
In Michigan, a claim against the state may not be maintained unless, within 1 year after it accrues, the claimant files a written claim or notice of intention with the clerk of the Court of Claims; for personal-injury and property-damage claims the filing is due within 6 months after the event giving rise to the claim5. The notice must state the time and place, the nature of the claim and items of damage and the state department involved, and be signed and verified5.
More detail
2025 S.B. 261 would exempt claims for criminal sexual conduct damages under § 600.5851b from these Court of Claims deadlines; it passed the Senate May 20, 2025 and was referred the same day to the House Committee on Government Operations, the last action in its bill history as read on Nov. 7, 20267. A 2023 House bill with the same purpose (H.B. 4487) passed the House June 27, 2024 and was last referred to a Senate committee on July 30, 20248.
Defective highways (state and local agencies)120 days notice
In Michigan, a person injured by a defective highway must serve notice on the governmental agency within 120 days after the injury, specifying the exact location and nature of the defect, the injury and the known witnesses6; the period is 180 days for an injured person under 18, and runs from the end of a disability that prevented notice6.
More detail
Check the local rules and any standing order for your court.
Good to know
Step 3: If you were partly at fault
In Michigan, your damages (the money for your harm) are cut by your share of the fault. If your share is greater than everyone else’s put together, you get no money for pain and suffering. Money for costs like bills and lost pay is still cut by your share1.
Each person who caused the harm usually pays only their own share, not the whole amount9.
- Costs (bills, lost pay)
- $60,000
- Pain and suffering
- $40,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 60%
- You recover $24,000
These numbers only show how the percentages work. They are not typical amounts. At 20% and 50%, both parts are cut by your share. At 60% your share is greater than the others’ 40%. So you get 40% of the costs and nothing for pain and suffering1.
Car crash lawsuits have a stricter rule. Damages are not awarded to someone who is more than 50% at fault10.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Plaintiff's faultModified: no noneconomic if plaintiff's fault exceeds others' combined
In Michigan, the court reduces damages by the injured person's percentage of comparative fault, and if that percentage is greater than the aggregate fault of the other persons, whether or not parties, economic damages are reduced and noneconomic damages are not awarded1.
More detail
In a Michigan auto tort action for noneconomic loss (allowed only for death, serious impairment of body function or permanent serious disfigurement) or for a nonresident's economic loss, damages are assessed on the basis of comparative fault, but damages are not assessed in favor of a party who is more than 50% at fault10.
If you were hurt in a car crash
Step 4: Car crashes: no-fault benefits and a one-year clock
Michigan uses no-fault car insurance. Its benefits are called personal protection insurance, or PIP. Here is what it pays and who pays it.
- Medical carePIP pays reasonable charges for care you reasonably need to heal and recover11.
- Lost payPIP pays income you lose from work in the first 3 years after the crash. It is cut by 15% because it isn’t taxed. It also has a cap for each 30 days that is adjusted each year11.
- Help at homePIP pays up to $20 a day for chores you can’t do while hurt, for the first 3 years11.
- A limit on medical carePolicies issued or renewed after July 1, 2020 set a limit for medical care: $250,000, $500,000 or no limit. A $50,000 limit is open only to some people on Medicaid. There are other exceptions12. If no one made a valid choice, the premium paid can decide it. If not, there is no limit12. The limit covers everyone the policy covers12.
- Which company paysUsually it is your own car policy, or one held by your spouse or a relative you live with13. If you were in your employer’s vehicle, its insurance pays13. If no policy covers you, you claim through the state’s assigned claims plan13.
- One year to actA lawsuit for PIP benefits must be filed within one year after the crash. That changes if you gave the insurance company written notice of the injury within that year, or it has already paid PIP benefits3.
- After notice or a paymentThen you can sue within one year after the most recent expense or lost pay. But you can’t get benefits for losses more than one year before you sued3.
- While a claim is pendingThe clock pauses from when you make a specific claim for payment until the insurance company formally denies it. That pause is lost if you don’t keep pursuing the claim3.
You can sue the other driver for pain and suffering only in serious cases. The law lists death, “serious impairment of body function” and “permanent serious disfigurement”10.
On a motorcycle hit by a car? You claim PIP first from the car owner’s insurance, then the car driver’s. Next comes the rider’s own car insurance, then the motorcycle owner’s13. Walking or on a bike? Your own car policy, or one held by a relative you live with, pays first13.
Send written notice early
Writing to the insurance company about your injury within a year protects your benefits. What to do after a car accident covers the first days step by step.
The law, as written
No-fault PIP benefit claims1 year
In Michigan, an action for personal protection insurance benefits may not be commenced later than 1 year after the accident unless written notice of injury was given to the insurer within that year or the insurer has paid PIP benefits3; if so, suit may be brought within 1 year after the most recent allowable expense, work loss or survivor's loss is incurred, but benefits are not recoverable for loss incurred more than 1 year before suit3.
More detail
In Michigan, the subsection (2) period is tolled from a specific claim for payment until the insurer formally denies it, unless the claimant fails to pursue the claim with reasonable diligence3.
If they were under 18
Step 5: If the injured person is a child
If the injured person was under 18 when the claim arose, they have one year after turning 18 to sue. That holds even if the usual period has run14.
- Medical malpractice for a young childIf the child was under 8, the claim must start by their tenth birthday, or within the usual malpractice period if that is later14. There is a separate rule for some injuries to the reproductive system14.
- A defective roadFor an injured person under 18, notice is due within 180 days instead of 120. A parent or guardian may send it6.
The law, as written
Minors and insanity1 year after disability removed
In Michigan, a person who was a minor or insane when the claim accrued has 1 year after the disability is removed, through death or otherwise, to bring the action even though the limitations period has run14; only a disability existing at accrual counts, and disabilities may not be tacked14.
More detail
Michigan has separate timing rules for medical-malpractice claims of children under 8 and for certain reproductive-system injuries14.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, every medical bill and missed workday, and anything an insurance company, government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Michigan, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Michigan rules
This page keeps to the rules that matter most for a motorcycle accident case. The Michigan page has all of them.
Injured in Michigan: all deadlines and rules
Other case types in Michigan:
After a motorcycle accident: the general guide
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
How to check a lawyer’s license in Michigan
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take motorcycle accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Mich. Comp. Laws § 600.2959“§ 600.2959 In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the court shall reduce the damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable. If that person's percentage of fault is greater than the aggregate fault of the other person or persons, whether or not parties to the action, the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable, and noneconomic damages shall not be awarded.”Read the source: Mich. Comp. Laws § 600.2959
- Mich. Comp. Laws § 600.5805“§ 600.5805 (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. (2) Except as otherwise provided in this section, the period of limitations is 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. (3) Subject to subsections (4) to (6), the period of limitations is 2 years for an action charging assault, battery, or false imprisonment. (4) Subject to subsection (6), the period of limitations is 5 years for an action charging assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a person with whom he or she resides or formerly resided. (5) Subject to subsection (6), the period of limitations is 5 years for an action charging assault and battery brought by a person who has been assaulted or battered by an individual with whom he or she has or has had a dating relationship. … (8) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice. … (14) The periods of limitation under this section are subject to any applicable period of repose established in section 5838a, 5838b, or 5839.”Read the source: Mich. Comp. Laws § 600.5805
- Mich. Comp. Laws § 500.3145“§ 500.3145 (1) An action for recovery of personal protection insurance benefits payable under this chapter for an accidental bodily injury may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury as provided in subsection (4) has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. (2) Subject to subsection (3), if the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss, or survivor's loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. (3) A period of limitations applicable under subsection (2) to the commencement of an action and the recovery of benefits is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim. This subsection does not apply if the person claiming the benefits fails to pursue the claim with reasonable diligence.”Read the source: Mich. Comp. Laws § 500.3145
- Mich. Comp. Laws § 600.5852“§ 600.5852 (1) If a person dies before the period of limitations has run or within 30 days after the period of limitations has run, an action that survives by law may be commenced by the personal representative of the deceased person at any time within 2 years after letters of authority are issued although the period of limitations has run. (2) If the action that survives by law is an action alleging medical malpractice, the 2-year period under subsection (1) runs from the date letters of authority are issued to the first personal representative of an estate. Except as provided in subsection (3), the issuance of subsequent letters of authority does not enlarge the time within which the action may be commenced. (3) If a personal representative dies or is adjudged by a court to be legally incapacitated within 2 years after his or her letters are issued, the successor personal representative may commence an action alleging medical malpractice that survives by law within 1 year after the personal representative died or was adjudged by a court to be legally incapacitated. (4) Notwithstanding subsections (1) to (3), an action shall not be commenced under this section later than 3 years after the period of limitations has run.”Read the source: Mich. Comp. Laws § 600.5852
- Mich. Comp. Laws § 600.6431“§ 600.6431 (1) Except as otherwise provided in this section, a claim may not be maintained against this state unless the claimant, within 1 year after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against this state or any of its departments, commissions, boards, institutions, arms, or agencies. (2) A claim or notice under subsection (1) must contain all of the following: (a) A statement of the time when and the place where the claim arose. (b) A detailed statement of the nature of the claim and of the items of damage alleged or claimed to have been sustained. (c) A designation of any department, commission, board, institution, arm, or agency of the state involved in connection with the claim. (d) A signature and verification by the claimant before an officer authorized to administer oaths. … (4) For a claim against this state for property damage or personal injuries, the claimant shall file the claim or notice under subsection (1) with the clerk of the court of claims within 6 months after the event that gives rise to the claim.”Read the source: Mich. Comp. Laws § 600.6431
- Mich. Comp. Laws § 691.1404“§ 691.1404 (1) As a condition to any recovery for injuries sustained by reason of any defective highway, the injured person, within 120 days from the time the injury occurred, except as otherwise provided in subsection (3) shall serve a notice on the governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant. … (3) If the injured person is under the age of 18 years at the time the injury occurred, he shall serve the notice required by subsection (1) not more than 180 days from the time the injury occurred, which notice may be filed by a parent, attorney, next friend or legally appointed guardian. If the injured person is physically or mentally incapable of giving notice, he shall serve the notice required by subsection (1) not more than 180 days after the termination of the disability.”Read the source: Mich. Comp. Laws § 691.1404
- Senate Bill 261 of 2025 (Mich.)“Civil procedure: other; civil actions for criminal sexual conduct; provide exception to notice requirements for actions filed in the court of claims. Amends sec. 6431 of 1961 PA 236 (MCL 600.6431). … 5/20/2025 PASSED ROLL CALL # 144 YEAS 25 NAYS 9 EXCUSED 3 NOT VOTING 0 … 5/20/2025 referred to Committee on Government Operations”Read the source: Senate Bill 261 of 2025 (Mich.)
- House Bill 4487 of 2023 (Mich.)Read the source: House Bill 4487 of 2023 (Mich.)
- Mich. Comp. Laws § 600.2956“§ 600.2956 Except as provided in section 6304, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each defendant for damages is several only and is not joint. However, this section does not abolish an employer's vicarious liability for an act or omission of the employer's employee.”Read the source: Mich. Comp. Laws § 600.2956
- Mich. Comp. Laws § 500.3135“§ 500.3135 (1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. (2) For a cause of action for damages under subsection (1) or (3)(d), all of the following apply: … (b) Damages must be assessed on the basis of comparative fault, except that damages must not be assessed in favor of a party who is more than 50% at fault. … (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101(1) was in effect is abolished except as to: … (d) Damages for economic loss by a nonresident.”Read the source: Mich. Comp. Laws § 500.3135
- Mich. Comp. Laws § 500.3107“§ 500.3107 (1) Subject to the exceptions and limitations in this chapter, and subject to chapter 31A, personal protection insurance benefits are payable for the following: (a) Allowable expenses consisting of reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery, or rehabilitation. … (b) Work loss consisting of loss of income from work an injured person would have performed during the first 3 years after the date of the accident if he or she had not been injured. … Because the benefits received from personal protection insurance for loss of income are not taxable income, the benefits payable for the loss of income must be reduced 15% unless the claimant presents to the insurer in support of his or her claim reasonable proof of a lower value of the income tax advantage in his or her case, in which case the lower value must be applied. For the period beginning October 1, 2012 through September 30, 2013, the benefits payable for work loss sustained in a single 30-day period and the income earned by an injured person for work during the same period together must not exceed $5,189.00, which maximum must be applied pro rata to any lesser period of work loss. Beginning October 1, 2013, the maximum must be adjusted annually to reflect changes in the cost of living under rules prescribed by the director … (c) Expenses not exceeding $20.00 per day, reasonably incurred in obtaining ordinary and necessary services in lieu of those that, if he or she had not been injured, an injured person would have performed during the first 3 years after the date of the accident, not for income but for the benefit of himself or herself or of his or her dependent.”Read the source: Mich. Comp. Laws § 500.3107
- Mich. Comp. Laws § 500.3107c“§ 500.3107c (1) Except as provided in sections 3107d and 3109a, and subject to subsection (5), for an insurance policy that provides the security required under section 3101(1) and is issued or renewed after July 1, 2020, the applicant or named insured shall, in a way required under section 3107e and on a form approved by the director, select 1 of the following coverage levels for personal protection insurance benefits under section 3107(1)(a): (a) A limit of $50,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). The selection of a limit under this subdivision is only available to an applicant or named insured if both of the following apply: (i) The applicant or named insured is enrolled in Medicaid, as that term is defined in section 3157. … (b) A limit of $250,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). (c) A limit of $500,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). (d) No limit for personal protection insurance benefits under section 3107(1)(a). … (4) If an insurance policy is issued or renewed as described in subsection (1), the applicant or named insured has not made an effective selection under subsection (1), and a presumption under subsection (3) does not apply, subsection (1)(d) applies to the policy. (5) The coverage level selected under subsection (1) applies to the named insured, the named insured's spouse, and a relative of either domiciled in the same household, and any other person with a right to claim personal protection insurance benefits under the policy.”Read the source: Mich. Comp. Laws § 500.3107c
- Mich. Comp. Laws § 500.3114“§ 500.3114 (1) Except as provided in subsections (2), (3), and (5), a personal protection insurance policy described in section 3101(1) applies to accidental bodily injury to the person named in the policy, the person's spouse, and a relative of either domiciled in the same household, if the injury arises from a motor vehicle accident. … (3) An employee, his or her spouse, or a relative of either domiciled in the same household, who suffers accidental bodily injury while an occupant of a motor vehicle owned or registered by the employer, shall receive personal protection insurance benefits to which the employee is entitled from the insurer of the furnished vehicle. (4) Except as provided in subsections (2) and (3), a person who suffers accidental bodily injury arising from a motor vehicle accident while an occupant of a motor vehicle who is not covered under a personal protection insurance policy as provided in subsection (1) shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175. … (5) Subject to subsections (6) and (7), a person who suffers accidental bodily injury arising from a motor vehicle accident that shows evidence of the involvement of a motor vehicle while an operator or passenger of a motorcycle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) The insurer of the owner or registrant of the motor vehicle involved in the accident. (b) The insurer of the operator of the motor vehicle involved in the accident. (c) The motor vehicle insurer of the operator of the motorcycle involved in the accident. (d) The motor vehicle insurer of the owner or registrant of the motorcycle involved in the accident.”Read the source: Mich. Comp. Laws § 500.3114
- Mich. Comp. Laws § 600.5851“§ 600.5851 (1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852. … (3) To be considered a disability, the infancy or insanity must exist at the time the claim accrues. If the disability comes into existence after the claim has accrued, a court shall not recognize the disability under this section for the purpose of modifying the period of limitations. (4) A person shall not tack successive disabilities. A court shall recognize only those disabilities that exist at the time the claim first accrues and that disable the person to whom the claim first accrues for the purpose of modifying the period of limitations. … (7) Except as otherwise provided in subsection (8), if, at the time a claim alleging medical malpractice accrues to a person under section 5838a the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person's tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a. (8) If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has not reached his or her thirteenth birthday and if the claim involves an injury to the person's reproductive system, a person shall not bring an action based on the claim unless the action is commenced on or before the person's fifteenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her thirteenth birthday and the claim involves an injury to the person's reproductive system, he or she is subject to the period of limitations set forth in section 5838a.”Read the source: Mich. Comp. Laws § 600.5851
- Rory v. Continental Ins. Co., 473 Mich. 457 (2005)“Uninsured motorist coverage is optional — it is not compulsory coverage mandated by the no-fault act. Accordingly, the rights and limitations of such coverage are purely contractual and are construed without reference to the no-fault act.”Read the source: Rory v. Continental Ins. Co., 473 Mich. 457 (2005)
- Mich. Comp. Laws § 500.3115“§ 500.3115 Except as provided in section 3114(1), a person who suffers accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175.”Read the source: Mich. Comp. Laws § 500.3115
- Mich. Comp. Laws § 600.5838a“§ 600.5838a (1) For purposes of this act, a claim based on the medical malpractice of a person or entity who is or who holds himself or herself out to be a licensed health care professional, licensed health facility or agency, or an employee or agent of a licensed health facility or agency who is engaging in or otherwise assisting in medical care and treatment, whether or not the licensed health care professional, licensed health facility or agency, or their employee or agent is engaged in the practice of the health profession in a sole proprietorship, partnership, professional corporation, or other business entity, accrues at the time of the act or omission that is the basis for the claim of medical malpractice, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim. … (2) Except as otherwise provided in this subsection, an action involving a claim based on medical malpractice may be commenced at any time within the applicable period prescribed in section 5805 or sections 5851 to 5856, or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, except as otherwise provided in section 5851(7) or (8), the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim. The burden of proving that the plaintiff, as a result of physical discomfort, appearance, condition, or otherwise, neither discovered nor should have discovered the existence of the claim at least 6 months before the expiration of the period otherwise applicable to the claim is on the plaintiff.”Read the source: Mich. Comp. Laws § 600.5838a
- Mich. Comp. Laws § 600.2912b“§ 600.2912b (1) Except as otherwise provided in this section, a person shall not commence an action alleging medical malpractice against a health professional or health facility unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced. … (3) The 182-day notice period required in subsection (1) is shortened to 91 days if all of the following conditions exist: … (6) After the initial notice is given to a health professional or health facility under this section, the tacking or addition of successive 182-day periods is not allowed, irrespective of how many additional notices are subsequently filed for that claim and irrespective of the number of health professionals or health facilities notified. (7) Within 154 days after receipt of notice under this section, the health professional or health facility against whom the claim is made shall furnish to the claimant or his or her authorized representative a written response that contains a statement of each of the following: …”Read the source: Mich. Comp. Laws § 600.2912b
- Burton v. Reed City Hosp. Corp., 471 Mich. 745 (2005) (per curiam)“[471 Mich. at *747] A complaint filed before the expiration of the notice period violates MCL 600.2912b and is ineffective to toll the limitations period.”Read the source: Burton v. Reed City Hosp. Corp., 471 Mich. 745 (2005) (per curiam)
This is general information, not legal advice.