What Is Considered Wrongful Death in Michigan?
Under the Michigan Wrongful Death Act, found in MCL 600.2922, a wrongful death occurs when someone dies due to another party’s negligent act or omission (failure to act). If the decedent could have filed a personal injury claim had they survived the accident, the estate may pursue a wrongful death lawsuit on their behalf. Common causes of wrongful death lawsuits include:
- Car, truck, airplane, and boat accidents
- Drunk driving crashes
- Medical malpractice and failure to diagnose
- Defective products (e.g., fires, explosions, or poisoning)
- Workplace accidents and injuries
- Violent crimes and intentional acts
- Premises liability, such as falls or fire hazards
- Swimming pool accidents and recreational injuries
Who Can File a Michigan Wrongful Death Lawsuit?
In Michigan, a wrongful death claim must be filed by the personal representative of the estate. This person is usually the executor if the decedent had a will. If the decedent died intestate (without a will), the probate court can appoint a qualified personal representative. If no estate has been opened, this step must be completed before filing the lawsuit.
Who’s Entitled to Compensation?
Part of the representative’s job is to identify all dependents and heirs who might qualify for damages through the lawsuit. Within 30 days of filing a Michigan wrongful death accident lawsuit, the personal representative for the deceased’s estate must provide a copy of the complaint and notice to family members who may be entitled to a portion of the proceeds from any Michigan wrongful death recovery (MCL 600.2922(2)).
Parties who may be entitled to compensation include:
- The decedent’s spouse, children, descendants, parents, grandparents, or siblings
- If no immediate family members survive, beneficiaries may include additional relatives as determined by the state’s laws for intestate succession
- The decedent’s step-children through their spouse
- Others who are named in the decedent’s will
Family members have 60 days from the date the notice is mailed to provide material facts proving their eligibility per MCL 600.2922(4)(b). If the claim results in a settlement or judgement, proceeds will be distributed according to the probate court or through a court-approved agreement between the beneficiaries.
Damages Available Under the Michigan Wrongful Death Act
The purpose of a Michigan wrongful death lawsuit is to compensate surviving family members for the financial and emotional woes caused by the accident. As with other personal injury lawsuits, damages generally cover economic and non-economic losses as described below.
Economic Damages
- Medical expenses related to the fatal injury or illness
- Funeral and burial expenses
- Lost income until expected retirement
- Lost benefits and financial support for the family
- Replacement household services, such as childcare
Non-Economic Damages
- Pain and suffering experienced after the accident
- Loss of consortium for a spouse or domestic partner
- Loss of parental guidance for surviving children
- Loss of society and companionship for the family
Exemplary Damages
Unlike many states, Michigan does not permit punitive damages that are designed to punish the defendant financially. However, it does allow exemplary damages in certain cases. This additional compensation may be awarded to cover mental anguish and outrage resulting from particularly egregious behavior.
There’s a high burden of proof to claim these damages, but it may be possible for your attorney to show that the defendant was grossly negligent or engaged in a pattern of negligent behavior. For example, if a trucking company had a history of maintenance violations and failed to take necessary steps before someone died as a result, exemplary damages may apply.
Each case is unique. In some cases, interest on damages may accrue on the judgment from the date the lawsuit is filed. An experienced attorney can properly calculate current and future losses to help ensure that your family is treated fairly under Michigan law.
Michigan Wrongful Death Statute of Limitations
The Michigan wrongful death statute of limitations is generally 3 years from the date of death or injury (MCL 600.5805(2)). If you fail to file a complaint with the court before this deadline, your case will be dismissed, and you’ll be barred from seeking compensation. However, there are a few tricky rules and exceptions that may give you extra time to sue.
- In general, there’s a 3-year time limit from the date of the injury or death. A second 2-year time limit begins as soon as the estate is opened and a personal representative is appointed.
- If a person dies before or 30 days after the original statute of limitations expires, the personal representative has 2 years to file a claim from the date that the letters of authority are issued. (MCL 600.5852(1)).
- Wrongful death cases related to medical malpractice involve additional notice requirements and shorter timelines.
- If the personal representative dies or is incapacitated within 2 years after the letters of authority are issued, the new representative may have an additional year to file an action for medical malpractice (MCL 600.5852(3)).
- Finally, no action can be commenced beyond 3 years after the original statute of limitations has expired (6 years maximum) notwithstanding any other exceptions (MCL 600.5852(3)).
Because deadlines are so strict, it’s important to seek legal guidance as soon as possible, even if you’re dealing with grief and uncertainty. Speaking with an attorney helps you understand your rights and determine what you should do next.
Civil Wrongful Death Lawsuits vs. Criminal Cases
A wrongful death lawsuit is a civil claim that seeks to recover financial compensation for surviving family members who were impacted by the accident. Civil proceedings are completely separate from any criminal charges that the responsible party may face for reckless or illegal actions.
Examples of wrongful death lawsuits related to criminal wrongdoing include drunk driving accidents, vehicular homicide, violent crimes, and reckless endangerment. Here are some of the key differences between civil and criminal cases:
- Criminal cases punish wrongdoing through penalties like fines and jail time.
- Civil cases seek financial compensation for surviving family members.
- A wrongful death lawsuit may proceed even if no criminal charges are filed or the case is dropped.
- Civil lawsuits must be proved by a preponderance of the evidence, which is a looser standard than beyond a reasonable doubt.
How a Michigan Wrongful Death Attorney Can Help
Wrongful death claims are complex. They involve probate court, statutory notice requirements, high-stakes insurance negotiations, and careful valuation of future losses, such as how your loved one’s death may affect your own retirement and any dependents. Wrongful death lawsuits often involve large monetary demands, so you can expect the other side to build a strong defense.
With over 30 years of experience, Barrix Law Firm is well equipped to guide your family through the claims process. We can help with:
- Reviewing your case
- Answering your questions
- Explaining your legal options
- Investigating the cause of death
- Identifying all responsible parties
- Appointing a personal representative if needed
- Coordinating with the probate court
- Notifying potential beneficiaries
- Valuing past and future damages
- Negotiating with insurers and defense attorneys
- Representing the estate in court when necessary
- Distributing recovered funds according to Michigan law
Jason “The Bear” Barrix is an experienced Michigan wrongful death attorney admitted to the U.S. District Court for the Western District of Michigan. He has successfully recovered settlements valued at over $1 million for clients. We work on a contingency basis, so you don’t pay anything unless we recover compensation for your family.
Get Answers During a No-Obligation Case Review
If you lost a loved one due to another party’s negligence or recklessness, you and other surviving family members may be entitled to compensation. Don’t wait to find out. Contact Barrix Law Firm in Grand Rapids or Grand Haven for a free, in-depth case review with attorney Jason Barrix. We’ll explain your rights, answer your questions, and help you move forward with courage and compassion.
