Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2921 (2026)

Survival of actions; death of injured person during pendency of action.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2921 Survival of actions; death of injured person during pendency of action.

Sec. 2921.

    All actions and claims survive death. Actions on claims for injuries which result in death shall not be prosecuted after the death of the injured person except pursuant to the next section. If an action is pending at the time of death the claims may be amended to bring it under the next section. A failure to so amend will amount to a waiver of the claim for additional damages resulting from death.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions
Cited in 66 cases (16 in the last 5 years), 1965–2026 · leading case: Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010).
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Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010). · cites it 8× “This implication is inconsistent with MCL 600.2921, which states, “All actions and claims survive death.”
Hawkins v. Reg'l Med. Labs., PC, 329 N.W.2d 729 (Mich. 1982). · cites it 8× “MCL 600.2921; MSA 27A.2921, dealing with the survival of actions, states: "All actions and claims survive death.”
Jackson v. Green Est., 771 N.W.2d 675 (Mich. 2009). · cites it 8× “Thus, defendant's estate has no interest in the property, and even if defendant's partition action survived his death under Michigan's survival statute, MCL 600.2921, nothing remains to partition.”
Waltz v. Wyse, 677 N.W.2d 813 (Mich. 2004). · cites it 2× “Actions on claims for injuries which result in death shall not be prosecuted after the death of the injured person except pursuant to the next section.”
Ward v. Siano, 730 N.W.2d 1 (Mich. Ct. App. 2007). · cites it 6× “5852 essentially functioned as an extension or suspension of the limitations period for any action that survived death under MCL 600.2921. Hardy v. Maxheimer, 429 Mich.”
Wesche v. Mecosta Cnty. Road Comm'n, 746 N.W.2d 847 (Mich. 2008). · cites it 2× “2d 299 (1987), this Court noted that the survival act, MCL 600.2921, provides: "All actions and claims survive death.”
Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004). · cites it 2× “[2] In this case, the decedent's estate sought damages for losses sustained by the decedent's seven children and seven siblings.”
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003). · cites it 4× “* * * (6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including .”
Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002). “57 MCL 600.2921. 58 See, e.g., Ponke v Ponke, 222 Mich App 276, 279-280 ; 564 NW2d 101 (1997) (where party to a divorce action dies before entry of judgment, action abates because there is no longer any marriage to dissolve).”
Miles v. Apex Marine Corp., 498 U.S. 19 (1990). “3 See Mich. Comp. Laws §§600.2921 , 600.2922 (1986); Olivier v.”
Advisory Opinion Re Constitutionality of 1972 PA 294, 1972 PA 294 (Mich. 1973). · cites it 2× “[30] MCLA 600.2921, 600.2922; MSA 27A.2921, 27A.”
Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008). · cites it 2× “This is consistent with other statutory provisions pertaining to the WDA, such as MCL 600.2921, which states: “All actions and claims survive death.”
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