Michigan Wrongful Death Lawyer

Who brings a wrongful death claim in Michigan?

The personal representative of the estate. The probate court appoints that person, usually a spouse, adult child or other close relative, and the representative files the case for the family.

The people who may share in the recovery are broader than many families expect. They can include the spouse, children and their descendants, parents, grandparents, siblings and, in some cases, other relatives or people named in the will. Each must receive notice of the case. When the case is resolved, the court holds a hearing and divides the money based on each person's loss.

Michigan does not use a separate survival lawsuit the way some states do. Instead, the claims the person would have had for their own suffering are brought within the wrongful death action.

What damages can a Michigan family recover?

Michigan allows damages for both the financial and personal losses caused by the death.

• Medical, hospital and funeral expenses.
• The person's conscious pain and suffering before death.
• Lost financial support the family would have received.
• Lost society and companionship of the person who died.

When the death resulted from medical malpractice, the malpractice caps on noneconomic damages generally still apply. In other cases, such as fatal crashes or workplace deaths, there is no general cap on these damages.

How does no-fault insurance work in a fatal Michigan crash?

Two systems apply. Michigan no-fault pays certain benefits regardless of fault, and the estate can also sue the at-fault driver.

No-fault survivors' loss benefits replace a portion of the financial support dependents would have received, for a limited period, subject to a monthly maximum. A funeral and burial benefit is also available. Medical bills incurred before death are paid as ordinary PIP benefits. Because death meets Michigan's tort threshold, the estate can pursue the at-fault driver for losses beyond no-fault, including lost companionship. Our Michigan car accident page explains how the two claims fit together.

How long does a Michigan family have to file?

Generally 3 years from the death. Special timing rules can give a newly appointed personal representative some additional time, but those rules have firm limits and should not be relied on as a plan.

Claims based on medical malpractice follow the malpractice rules, including the notice of intent and waiting period, which can make the real deadline much tighter. Claims for no-fault survivors' benefits require written notice to the insurer within 1 year. We usually help open the estate first so the representative can act without delay.

Does the person's own fault reduce the claim?

Yes. Michigan reduces wrongful death damages by the person's share of fault, and if that share is more than 50 percent, noneconomic damages, such as lost companionship, are barred.

Here is an example. A worker is killed when a forklift operated by a contractor's employee strikes him in a warehouse, but evidence shows he walked through a marked lane. A jury values the family's economic losses at $900,000 and noneconomic losses at $600,000, and it assigns him 15 percent fault. The family recovers $765,000 and $510,000. At 55 percent fault, only $405,000 in economic losses would remain.

How is a civil case different from a criminal prosecution?

A criminal case punishes the wrongdoer, and a civil wrongful death case compensates the family. They move on separate tracks and use different standards of proof.

A conviction can be strong evidence in the civil case, but the family can win even without one. Criminal restitution usually covers only limited costs, while the civil claim can reach insurance coverage and the businesses responsible for an employee or a dangerous product. We coordinate with prosecutors when helpful, but we do not wait for the criminal case to finish before protecting the civil deadline.

Which kinds of deaths lead to Michigan claims?

Most cases we see come from a short list of settings, and each brings its own evidence and insurance issues.

• Fatal crashes involving cars, semis and motorcycles on freeways and rural highways.
• Deaths at work, where workers' compensation death benefits apply against the employer but a separate claim can reach a contractor, equipment maker or other third party.
• Medical errors in hospitals, emergency rooms and nursing facilities.
• Drownings, fires and falls on unsafe property.

For deaths caused by commercial vehicles, see our Michigan truck accident page. Our wrongful death practice explains each stage, and our Michigan injury overview covers other state rules. We offer a free, confidential case review, and you pay no fee unless we win.