Statute of Limitations for Tolling for Mental Incapacity in Michigan

Overview

In Michigan, the general statute of limitations is 6 years, and Michigan law includes tolling concepts that may apply in certain circumstances of mental incapacity. The key point is that the result depends on how the incapacity facts fit the law and how those facts interact with the limitations clock.

For purposes of this page, start with the baseline time limit: MCL § 767.24(1). That statute provides the default/general limitations period, and the calculator can help you model how that period might be affected if a mental-incapacity tolling window is available.

Limitation period

Michigan’s general/default SOL period is 6 years under MCL § 767.24(1).

What “general/default” means here

You might see different limitation rules depending on claim type in some jurisdictions. Here, for this jurisdiction summary, no claim-type-specific sub-rule was found, so you should treat 6 years as the default baseline when using this page and the calculator.

Practical way to model timelines

When you estimate a potential deadline, a practical approach is to separate the timeline into two layers:

1. The base limitations period
   This is the time you generally have to file from the relevant start date (often described as an accrual/event date).

2. Any tolling period (if it applies)
   Tolling can effectively pause the clock during certain statutory conditions (such as qualifying mental incapacity), then let the clock resume when the condition ends.

In other words, you typically:

• identify the event/accrual date you’re using for the clock start,
• apply the 6-year baseline from MCL § 767.24(1), and
• if mental incapacity qualifies for tolling in your situation, identify an incapacity window (or tolling start/stop dates) to adjust the deadline.

Quick reference: how inputs affect output

Below is a simplified input-output view of how DocketMath models the math.

Key exceptions

Mental-incapacity tolling can matter a lot, but it’s not something to assume automatically.

Mental incapacity tolling is fact- and rule-dependent

A practical way to think about “exceptions” here is: tolling arguments tend to depend on whether the incapacity fits the statutory tolling trigger and whether the timing aligns with the part of the limitations period that actually matters.

Common timing-related constraints to check:

• When incapacity began
  If incapacity begins after most of the 6 years has already run, tolling may provide limited practical benefit because the “time already used” cannot usually be undone by later tolling.

• How long incapacity lasted
  Short incapacity windows may produce only a modest adjustment.

• Whether the condition is legally recognized for tolling
  Tolling is statutory and typically requires a factual record that supports the relevant incapacity standard. Don’t rely on assumptions—tie dates and severity to what you can support.

Baseline still matters unless tolling applies

Even if mental-incapacity tolling is available in theory, the 6-year baseline from MCL § 767.24(1) still governs in the background. If the tolling window doesn’t cover the critical time between the accrual date and the filing date, a claim can still fall outside the 6-year period.

Statute citation

Michigan’s general/default limitations period is 6 years under MCL § 767.24(1). (Source: https://www.michigan.gov)

How this statute fits into a tolling calculation

Think of MCL § 767.24(1) as setting the length of time (the base clock). If a statutory tolling trigger applies, the calculation typically becomes a clock adjustment—pausing time during the qualifying period and then resuming after the tolling condition ends.

DocketMath is designed to model that adjustment using the dates you input.

Use the calculator

Use DocketMath at /tools/statute-of-limitations to model a baseline deadline and (if applicable) a tolling-adjusted deadline.

Suggested input steps

1. Go to /tools/statute-of-limitations.
2. Enter the event/accrual date you’re using to start the clock.
3. Confirm the base limitations period is 6 years (the general/default period tied to MCL § 767.24(1)).
4. If you have dates supported by your facts, enter tolling-related inputs:

   • Tolling start date (when incapacity began under your tolling theory)
   • Tolling end date (when incapacity ended, or when the tolling condition ceased)
5. Review the output deadline.

How output changes when inputs move

The calculation is sensitive to the timing:

• If you move the tolling start date later, the clock generally pauses later → the deadline usually becomes less extended.
• If you move the tolling end date later, the pause lasts longer → the deadline usually moves later.
• If tolling covers only a small portion of the 6-year window, the adjustment may be modest even if tolling is theoretically available.

If you don’t have a clean tolling window

If you’re missing specific dates:

• compute the baseline 6-year deadline first, then
• run scenario ranges using an earliest plausible tolling start and a latest plausible tolling end to bracket potential outcomes.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator