When must a claim be served and filed?

Section 10 of the Court of Claims Act sets forth the following time periods:

  1. appropriations claims - within three years after accrual.
  2. wrongful death claims - within 90 days after the appointment of the executor or administrator and within two years of the date of death.
  3. personal injury or property damage claims based on negligence or unintentional tort - within 90 days after accrual.
    1. personal injury or property damage claims based on negligence or unintentional tort of a member of the organized militia - within 90 days after accrual.
    2. personal injury or property damage claims based upon intentional tort - within 90 days after accrual.
  4. claims for breach of contract and any other type of claim not specified in section 10 - within six months after accrual.
  5. claims by incarcerated individuals for injury to or loss of personal property within a state correctional facility - within 120 days after exhaustion of the inmate's personal property claims administrative remedy.  

Paragraph (5) of section 10 provides that if a claimant is under a legal disability when the claim accrues, the claim may be served and filed within two years after the removal of the disability.