The Michigan Wrongful Death Act (MCL 600.2922) provides a legal pathway for surviving family members to seek compensation when a loved one’s death results from someone else’s negligence, recklessness, or intentional actions. This law defines who is eligible to file a lawsuit, the types of damages that can be recovered, and how any awarded compensation is allocated.
Who can sue under the Michigan wrongful death act?
In Michigan, the wrongful death act, the personal representative of the deceased car accident victim’s estate has the legal authority to file a wrongful death lawsuit on the deceased’s behalf. However, the personal representative could be a family member of the deceased.
Who picks the personal representative?
The appointment of the personal representative for the deceased car accident victim’s estate is done by a judge in the Probate Court.
What damages are allowed to be recovered under the act?
Damages may cover funeral and burial costs, lost income and support, as well as pain and suffering and loss of companionship. While there is no limit on economic damages like lost income, certain non-economic damages may be subject to caps. (MCL 600.2922(6))
Who is entitled to damages under the Michigan wrongful death act?
Compensation is distributed among surviving family members based on their relationship to the deceased and the extent of their financial dependence. Specifically, the act explains that the following people may be entitled to damages under a settlement or judgment: (1) the deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters; (2) children of the deceased’s spouse; (3) “devisees” under the deceased’s will. (MCL 600.2922(3))
What is the time limit filing a lawsuit for the loss of a loved one under the act?
There is no specific statute of limitations for a loss of a loved one from a crash. Therefore, the general statute of limitations for personal injury claims applies: A lawsuit for the loss of a loved one must be filed within 3 years of the death of the car accident victim.
What must be proven in a lawsuit?
If you’ve lost a loved one in a fatal car accident in Michigan, the Wrongful Death Act allows certain family members to pursue legal action. To bring a successful claim under this law, the following specific elements must be proven to hold the at-fault party accountable and recover compensation:
1. Duty of Care – You must show that the at-fault driver owed a legal duty to operate their vehicle safely and follow traffic laws. All drivers in our state are required to act with reasonable care on the road.
2. Breach of Duty – You need to prove that the driver failed to uphold that duty—whether through negligence, reckless behavior, distracted driving, or any other violation of traffic laws.
3. Causation – It must be demonstrated that the driver’s actions directly caused the fatal crash and the resulting death of your loved one.
4. Damages – Finally, you’ll need to show that the surviving family members suffered losses—such as funeral expenses, loss of financial support, pain and suffering, and loss of companionship—as a result of the death.
Bottom line
At its core, the Michigan Wrongful Death Act gives families a legal path to pursue compensation and accountability when a a loss of a loved one is caused by someone else’s actions.
Lost a loved one in a car accident and wondering how the Michigan Wrongful Death Act will impact your claim? Call our attorneys now for a free consultation
If you lost a loved one in a car accident in Michigan and you have questions on how the Wrongful Death Act will impact your case, call now (800) 968-1001 for a free consultation with an experienced lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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