What Happens When Someone Is Killed In A Car Accident?

If someone happens to be killed in a car accident in Michigan, a wrongful death lawsuit may be brought on behalf of the family members and any dependents to seek compensation from the at-fault, negligent driver responsible for the crash. Additionally, family members may also recover No-Fault survivor’s loss benefits from the deceased driver’s own auto insurance company.  

The total compensation, damages and survivor’s loss No-Fault insurance benefits available to the family of a person who has been killed in a crash includes damages for conscious  pain and suffering of the deceased while still alive, funeral and burial expenses, loss of financial and economic support, and loss of the deceased person’s love, companionship and guidance as a parent.

How many people die in car accidents a year?

In 2023, 40,901 people died in car accidents across the U.S., which was a 4% decrease from 42,721 fatalities in 2022. (NHTSA) In Michigan in 2024, there were 1,099 people who died in car crashes – up from 1,095 in 2023. (Michigan Traffic Crash Facts) (NOTE: This reflects the most current, up-to-date data that is publicly available)

Can you sue the at-fault driver if someone happens to be killed in a car accident in Michigan?

In Michigan, if someone happens to be killed in a car accident, a wrongful death lawsuit may be filed against the at-fault, negligent driver responsible for causing the crash.  

While the decision to bring a wrongful death lawsuit may be made by the entire family, only the personal representative of the deceased person’s estate has the actual legal authority to file a lawsuit on behalf of the deceased family member.

The personal representative of an estate can, and usually is, a family member of the deceased.  The family member who is designated as a personal representative is assigned through the probate court. Only a probate court judge can designate someone to be the estate’s lawful personal representative.

If someone happens to be killed in a car accident in Michigan what wrongful death compensation and damages can be recovered?

In Michigan, if someone happens to be killed in a car accident, the deceased person’s family (through the personal representative of his or her estate) can sue for compensation and economic damages by filing a wrongful death lawsuit against the at-fault driver who caused the fatal crash.

The wrongful death damages and compensation that can be recovered from the at-fault driver include:

• “[R]easonable medical, hospital, funeral, and burial expenses for which the estate is liable” (MCL 600.2922(6))
• “[R]easonable compensation for the pain and suffering, while conscious, undergone by the deceased during the period intervening between the time of the injury and death” (MCL 600.2922(6))
• “[D]amages for the loss of financial support and the loss of the society and companionship of the deceased,” including “loss of service,” “loss of gifts or other valuable gratuities,” and “loss of parental training and guidance.” (MCL 600.2922(6); M Civ JI 45.02 Wrongful Death – Damages)

Who recovers wrongful death compensation and damages when someone is killed in a car accident?

The members of the deceased person’s family who may be entitled to wrongful death compensation and damages after a fatal crash include the deceased person’s spouse, children, descendants, parents, grandparents, siblings and devisees under the deceased person’s will. (MCL 600.2922(3))

What are Michigan No-Fault survivor’s loss benefits?

If someone happens to be killed in a car accident in Michigan, the family members and other dependents may be able to recover No-Fault survivor’s loss benefits to help compensate for or offset the loss of financial support that their loved one had been providing prior to his or her death.

Benefits can be claimed by the deceased person’s spouse (so long as they were living together at the time of the deceased’s death), children under the age of 18, other dependents whose dependency can be supported by “the facts as they exist at the time of death,” and those who are “physically or mentally incapacitated from earning.” (MCL 500.3110(1), (2) and (3))

If someone happens to be killed in car accident in Michigan, then what do Michigan No-Fault survivor’s loss benefits cover?

In Michigan, if someone happens to be killed in a car accident in Michigan, No-Fault survivor’s loss benefits will help pay for: (1) the “contributions of tangible things of economic value” that the deceased person previously provided; and (2) the cost of paying someone else to perform the services previously done by the deceased. (MCL 500.3108(1))

What happens with funeral and burial expenses?

Funeral and burial expenses for which your deceased loved one’s estate is liable may be paid for through a wrongful death lawsuit against the at-fault driver. (MCL 600.2922(6)) Also, No-Fault benefits may pay up to $5,000 for expenses not covered by your loved one’s auto insurance policy. (MCL 500.3107(1)(a)(ii))

Lose a loved one in a car accident? Call Michigan Auto Law Now!

If your loved one was killed in a car accident and you have concerns and questions about your legal rights to pain and suffering compensation, wrongful death damages, economic damages and auto No-Fault survivors loss benefits, call now (800) 968-1001 for a free consultation with one of our experienced attorneys. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.

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Unlike other law firms, attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,000 5-Star Reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.

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