Michigan Head Injury Laws

Michigan at a glance

Michigan generally allows three years to sue for injury to a person or for death.[1] Michigan is a no-fault state: a lawsuit for noneconomic loss from a motor vehicle crash requires death, serious impairment of body function or permanent serious disfigurement.[2] A plaintiff more at fault than all others combined cannot recover noneconomic damages.[3]

Filing deadlines

Mich. Comp. Laws § 600.5805(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.

Source: [1]

Shared fault

Michigan reduces damages “by the percentage of comparative fault of the person upon whose injury or death the damages are based.”[3]

Mich. Comp. Laws § 600.2959

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, … noneconomic damages shall not be awarded.

Source: [3]

Unlike states with a complete bar, a plaintiff more than 50% at fault may still recover economic damages, reduced by their share of fault; only noneconomic damages are barred.[3]

No-fault auto insurance

Tort threshold: Mich. Comp. Laws § 500.3135

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.

Source: [2]

The statute defines “serious impairment of body function” as an impairment that is objectively manifested, is an impairment of an important body function and “affects the injured person’s general ability to lead his or her normal life.”[2] For a head injury, the “objectively manifested” requirement ties directly to how the injury is documented. See proving a head injury.

Michigan’s default bodily injury liability limits are $250,000 per person and $500,000 per accident, plus $10,000 for injury to or destruction of the property of others. A policyholder may choose lower limits, but “not lower than $50,000.00” per person and $100,000 per accident.[4]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. Mich. Comp. Laws § 600.5805. Justia. https://law.justia.com/codes/michigan/chapter-600/statute-act-236-of-1961/division-236-1961-58/section-600-5805/
  2. Mich. Comp. Laws § 500.3135. Michigan Legislature. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135
  3. Mich. Comp. Laws § 600.2959. Michigan Legislature. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2959
  4. Mich. Comp. Laws § 500.3009. Michigan Legislature. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3009

Sources last checked: October 11, 2026