Michigan Wrongful Death Lawsuit Guide

In Michigan, a wrongful death lawsuit can be pursued when a person’s passing results from another party’s negligence or wrongdoing. Governed by the Michigan Wrongful Death Act, these cases allow certain people—such as the deceased’s personal representative, spouse, children, parents, and siblings—to seek justice. It is important to file the claim within three years of the date of death to meet the legal deadline.

In Michigan, a wrongful death lawsuit allows family members to seek compensation for pain and suffering, as well as economic and non-economic damages, when a person dies as a result of someone else’s negligence, misconduct, or fault. (MCL 600.2922(1), (3) and (6))

Who can file a wrongful death lawsuit in Michigan?

In Michigan, a wrongful death lawsuit can be filed by the deceased’s personal representative or certain family members, including the spouse, children, parents, and siblings. These parties are eligible to seek compensation for the loss caused by the death due to another’s negligence or fault.

Specifically, under the state’s act (MCL 600.2922) only the court-appointed personal representative (also known as the executor) has the legal authority to initiate the claim. This person acts on behalf of the estate and the eligible family members.

Who can be sued in a wrongful death lawsuit in Michigan?

In Michigan, a wrongful death lawsuit can be filed against any person, company, or entity whose negligence, recklessness, or intentional act caused the fatality. This may include drivers, medical professionals, property owners, manufacturers, or employers, depending on the circumstances of the death.

What are the key elements in a wrongful death lawsuit in Michigan?

To pursue a wrongful death lawsuit in Michigan, certain legal elements must be proven. These include showing the defendant owed a duty of care to the deceased, breached that duty through negligence or wrongdoing, and that this breach directly caused the death. Additionally, surviving family members must demonstrate they suffered financial and emotional losses as a result. Filing the claim within the required time frame is also essential. Each of these elements is explained in more detail below:

1. Duty of Care

The first step in a claim is showing that the defendant had a legal obligation to act with reasonable care toward the person who passed away. This could include a driver’s duty to follow traffic laws or a medical professional’s duty to provide proper care.

2. Breach of Duty

Next, it must be proven that the defendant failed to meet that duty—whether through negligence, recklessness, or intentional wrongdoing. For example, a driver may have been distracted or under the influence, or a property owner may have ignored known safety hazards.

3. Causation

There must be a clear link between the defendant’s actions and the individual’s passing. In other words, the breach of duty must be the direct cause of the fatal outcome.

4. Damages

Surviving family members must demonstrate that they’ve suffered measurable losses as a result of their loved one’s passing. These damages typically fall into two categories:

• Economic Damages: Financial losses such as medical bills, funeral and burial expenses, loss of income and benefits, and loss of future financial support.
• Non-Economic Damages: Emotional and personal losses, including pain and suffering, loss of companionship, care, guidance, and emotional support.

5. Filing Deadline (Statute of Limitations)

This type of claim must be filed within three years from the date of passing. Missing this deadline may result in losing the right to seek compensation.

What are common causes of wrongful death lawsuits in Michigan?

Claims related to a loved one’s untimely passing can result from a variety of tragic and preventable circumstances. Some of the most common causes of these types of claims include:

• Fatal Motor Vehicle Accidents – Fatal car accidents, truck accidents, bicycle accidents, motorcycle accidents, pedestrian accidents due to an at-fault negligent or reckless driver.
• Medical Malpractice – Mistakes made by healthcare providers, such as misdiagnosis, surgical errors, or failure to treat a condition, can lead to fatal outcomes.
• Workplace Accidents – Fatal injuries occurring on the job, particularly in high-risk industries like construction, manufacturing, or transportation.
• Defective or Dangerous Products – Fatalities caused by unsafe consumer products, including vehicles, machinery, medical devices, or household items.
• Unsafe Property Conditions (Premises Liability) – Fatalities resulting from hazards on private or commercial property, such as falls, fires, or inadequate security.
• Intentional Acts – Fatalities caused by deliberate actions, including assaults or homicides.

In Michigan, the people who get the money in a wrongful death lawsuit include the following surviving members of the deceased person’s family: (1) spouse; (2) children; (3) descendants; (4) parents; (5) grandparents; and (6) siblings. (MCL 600.2922(3))

While the personal representative files the claim, damages awarded in a successful claim may be distributed to the following surviving individuals:

• Spouse
• Children
• Parents
• Grandparents
• Siblings
• Descendants of the deceased’s children (such as grandchildren)
• Anyone who was named in the deceased person’s will and was financially dependent on them

In Michigan, the factors that influence how much a wrongful death lawsuit is worth include: (1) whether the deceased’s passing involved conscious pain and suffering, and if so, for how long; (2) loss of the deceased’s financial support, society and companionship; (3) your lawyer’s reputation and experience; and (4) the at-fault driver’s insurance company, liability policy limits, and any collectible assets of the at-fault defendant responsible for the loss of life.

Who the lawyer is may seem less important, but the insurance industry’s own data shows that an experienced lawyer can settle cases for significantly more money.

In fact, an experienced lawyer with a track record of winning trial verdicts and settlements and a reputation for going to trial can secure settlements that are on average 4 x higher than an attorney who does not have the same track record. This is based on claims software that the insurance industry uses to track attorneys and evaluate claims.

Our state’s No-Fault insurance law requires all drivers to carry a minimum of $250,000/$500,000 in liability insurance coverage on their vehicles, but drivers also now have the option “to purchase lower limits” of $50,000 and $100,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))

The liability coverage limits will be higher if the at-fault driver was driving for Uber or Lyft or was the driver of a large interstate truck or commercial vehicle.

Below are examples of the settlement amounts our experienced lawyers have secured for families affected by fatal accidents and related claims:

• $7 million plus $4 million over policy limits
• $6.2 million on $400,000 settlement offer
• $5.1 million in fatal rear-end collision case
• $5 million in fatal pedestrian crash case

Visit our “Settlements” page to learn more about our attorney’s winning record of notable and top-reported car accident settlements and verdicts for car, truck, motorcycle and personal injury cases.

In Michigan, the process to file a wrongful death lawsuit starts by having the Probate Court appoint a personal representative for your deceased loved one’s estate. Next, the claim is filed. Notice must then be given to family members who may be entitled to damages.

In Michigan, the deadline for filing a wrongful death lawsuit is 3 years after the time of the pasing. Also, within 30 days of filing, family members must be provided a copy of the claim. Additionally, within 60 days of receiving the claim, family members must provide details about their claim for damages.

State law provides that the “period of limitations” for filing this type of claim to recover damages for the passing of a person is 3 years after the time of the passing.” (MCL 600.5805(2))

After this type of claim has been filed in our state, the personal representative of the deceased’s estate must provide a copy of the claim to all of the deceased’s family members who “may be entitled to damages.” (MCL 600.2922(2))

Family members “who may be entitled damages” with this type of claim “shall advise the attorney for the personal representative within 60 days after service of the complaint and notice . . . of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person’s right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative” as required. (MCL 600.2922(8))

To prove your case, you must show: (1) your loved one’s passing was the result of the at-fault party’s negligence; (2) your loved one is survived by persons who may be entitled to damages; and (3) your loved one’s passing produced noneconomic and economic damages.

According to state law, you can recover these dampages and compensation from this type of claim: (1) damages to cover “medical, hospital, funeral, and burial expenses for which the estate is liable”; (2) compensation for the deceased’s pain and suffering; and (3) damages for loss of the deceased’s financial support, society and companionship. (MCL 600.2922(6))

Is there a cap on the amount I can recover from wrongful death lawsuit stemming from a car accident in Michigan?

No, Michigan does not have a specific cap on the amount you can recover in a wrongful death lawsuit stemming from a car accident. However, damages must be proven and are subject to general legal standards, including the requirement to show the defendant’s fault and the extent of losses suffered.

The personal representative of the deceased person’s estate must obtain the court’s permission before any settlement can be made. Once expenses for which the estate is liable for are paid, proceeds from the settlement or from a judgment awarding damages are distributed. (MCL 600.2922(5) and (6))

To be eligible for distribution of proceeds, a family member must have first presented a “claim for damages” to the personal representative of the deceased person’s estate. (MCL 600.2922(6) and (7))

In Michigan, if a wrongful death lawsuit is necessary, a settlement could take one to two years, depending on where you file and the court’s backlog of cases. But a pre-suit settlement may take only weeks or months when liability is uncontested and the at-fault driver’s insurance policy limits are sufficient. 

The factors that affect how long this type of claim takes include: (1) the track record and reputation of your lawyer; (2) whether the at-fault driver is contesting liability; (3) discovery; (4) case evaluation; (5) motion hearings; (6) settlement conferences; (7) the court; and (8) the judge assigned to the case.

A car accident is the most common reason for why this type of claim must be filed. After a fatal crash, the personal representative of the estate of the person who lost their life in the accident can file a claim against the at-fault driver and any other parties responsible for the tragedy.

The most common instances in which other parties can be added to this type of claim include situations where the motor vehicle involved in causing the crash and resulting fatality was owned by someone other than the driver, and when the driver was acting within the course and scope of their employment at the time of the accident.

This type of claim can also be brought based on many different types of improper and negligent acts. In fact, this claim can be brought for nearly any type of negligent act that results in the loss of another person’s life, unless a law—such as the state’s governmental immunity statutes—prevents this type of claim from being filed.

Perhaps recognizing that car accidents are the most common cause for these types of claims, the State legislature has carved out a specific exception to our state’s governmental immunity laws to allow a this type of claim to be brought when an individual is killed by a government owned or operated motor vehicle.

Why is it important to consult a lawyer experienced in wrongful death lawsuits in Michigan?

Consulting a lawyer experienced in wrongful death lawsuits in Michigan is crucial because these claims involve complex legal rules, strict deadlines, and detailed proof requirements. An expert lawyer can help gather evidence, navigate court procedures, maximize compensation, and ensure your rights and your family’s interests are fully protected.

Why should I choose to work with an attorney from your law firm for my loved one’s fatal car accident case?

Our attorneys understand how deeply personal and challenging fatal car accident cases can be. With compassion and care, we’re here to support you every step of the way. Our team has secured some of the largest auto crash settlements in the state and has a deep knowledge of the local courts and Michigan’s complex no-fault laws. This expertise often allows us to resolve cases more quickly and pursue the maximum compensation possible, easing your burden during a challenging time. Plus, with over 2,500 five-star reviews, many families have trusted us to fight for the justice and compensation their loved ones deserve.

If you lost a loved one in a car accident in Michigan and have questions about filing a lawsuit, call now (800) 968-1001 for a free consultation with an experienced wrongful death lawyer. 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 the state’s largest and most successful law firm that exclusively in helping people who have been injured in auto accidents.

Our secret? Our car accident attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

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

We have more than 2,500 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. Our law firm has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in the state. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.

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