The sudden loss of a loved one is devastating, especially when it happens because of someone else’s careless or intentional actions. Michigan law allows certain family members to file a wrongful death claim to hold the responsible party accountable and seek compensation for their loss. While no legal process can bring your loved one back, taking action may help ease the financial burden and provide a sense of justice.
Who Can File a Wrongful Death Claim in Michigan?
In Michigan, the personal representative of the deceased person’s estate is the only one who can file a wrongful death lawsuit. This person may be named in the deceased’s will or appointed by the court.
Once the claim is filed, interested parties—such as the spouse, children, parents, grandparents, siblings, or anyone who can inherit from the estate—must be notified and may receive a share of any settlement or award.
What Constitutes a Wrongful Death in Michigan?
A wrongful death occurs when someone dies because of another party’s negligence, recklessness, or wrongful act. Some of the most common causes of wrongful death in Michigan include:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Construction site or workplace accidents
- Criminal behavior such as assault or homicide
If the deceased could have filed a personal injury claim had they lived, then their estate may pursue a wrongful death case.
What Damages Can Be Recovered?
Michigan allows both economic and non-economic damages in a wrongful death claim. These may include:
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Lost wages and loss of future earning capacity
- Pain and suffering of the deceased before death
- Loss of companionship, care, and guidance for surviving family members
The amount of compensation varies based on the circumstances and relationships of the surviving parties.
Michigan’s Statute of Limitations
Wrongful death claims in Michigan must typically be filed within three years from the date of the person’s death. However, the exact time limit can vary depending on the nature of the wrongful act (e.g., medical malpractice claims may have shorter deadlines).
Delaying legal action could cause you to miss your chance to recover compensation, so it’s important to act quickly.
Car Accidents and Wrongful Death in Michigan
Michigan’s no-fault auto insurance system complicates wrongful death cases involving motor vehicle accidents. In fatal crashes, the estate can generally file a third-party claim against the at-fault driver for pain and suffering damages.
Surviving family members may also be entitled to benefits under the deceased’s Personal Injury Protection (PIP) policy, including funeral expenses and lost wages.
Work-Related Fatalities in Michigan
When someone dies as a result of a workplace accident, surviving dependents may receive workers’ compensation death benefits through the employer’s insurance. These benefits usually include burial costs and partial wage replacement.
If a third party (like an equipment manufacturer or subcontractor) contributed to the fatal accident, the estate may also file a separate wrongful death lawsuit.
Frequently Asked Questions About Wrongful Death in Michigan
Who decides how the settlement is divided?
The court ultimately approves how wrongful death settlements are distributed among eligible family members, taking into account the closeness of their relationships and financial dependence on the deceased.
Can a criminal case affect a wrongful death lawsuit?
No. A wrongful death case is a civil matter and is separate from any criminal proceedings. Even if the at-fault party is not criminally convicted, you may still win compensation in civil court.
What if the person who caused the death didn’t have insurance?
You may still be able to recover compensation through the deceased’s uninsured/underinsured motorist coverage, or by filing a claim against other liable parties.
Are punitive damages allowed in Michigan?
Michigan generally does not allow punitive damages. However, exemplary damages may be awarded to compensate surviving family members for emotional harm caused by the defendant’s behavior.
Contact a Michigan Wrongful Death Attorney
If someone else’s actions took the life of your loved one, you don’t have to go through the legal process alone. A wrongful death attorney in Michigan can help you understand your rights, file the necessary paperwork, and fight for the compensation your family deserves. Reach out today for a compassionate and informative consultation.