We answer this one gently, because we know if you're asking, you're likely grieving. Under Michigan's Wrongful Death Act (MCL 600.2922), families generally have three years from the date of death to file a claim when the death resulted from a car, truck, or motorcycle accident. If the death resulted from medical malpractice, that window is generally shorter, often two years, with its own set of rules.
A few things matter beyond the basic deadline:
- Only a court-appointed personal representative of the estate can file the wrongful death lawsuit itself.
- If a government entity was involved, a separate 120-day notice requirement can apply on top of the three-year deadline.
- Probate steps take time, and starting that process early protects your family's options later.
Three years can feel like forever right now, and it can also disappear fast once life keeps happening around you. We'd rather have this conversation with you early and gently than have you find out later that time ran out.