What to Know About Michigan’s Wrongful Death Statute
When a person dies because of another party’s negligence or wrongful conduct, Michigan law may allow certain surviving family members to recover damages through a wrongful death action. Michigan’s wrongful death statute is codified at MCL 600.2922 and may apply to fatal car crashes, commercial vehicle accidents, boating incidents, and other circumstances involving wrongful conduct.
What the Statute Covers
Under MCL 600.2922, a wrongful death action may arise when a person’s death results from the wrongful act, neglect, or fault of another and the deceased person could have pursued a claim had they survived.
In other words, a person’s death does not eliminate a potential civil claim arising from the conduct that caused the fatal injuries.
Who Can Bring the Claim
Under MCL 600.2922, a wrongful death action must be brought by, and in the name of, the personal representative of the deceased person’s estate. The personal representative is typically appointed through the probate court process.
Within 30 days after commencing the action, the personal representative must serve notice on persons who may be entitled to damages so that those individuals have an opportunity to participate in the proceedings.
Who May Recover Damages
Although the wrongful death action is brought by the personal representative, damages may ultimately be recovered for certain surviving family members and other individuals identified by MCL 600.2922. Who may share in a recovery depends on the person’s relationship to the deceased and whether they suffered damages as a result of the death.
What Damages May Be Available
Damages in a Michigan wrongful death action may include reasonable medical, hospital, funeral, and burial expenses, as well as compensation for losses suffered by eligible survivors. The statute also permits recovery for loss of financial support, loss of society and companionship, and conscious pain and suffering experienced by the deceased before death when applicable.
The damages available depend on the circumstances of the case.
Deadlines for Wrongful Death Claims
Wrongful death claims are subject to strict filing deadlines. Michigan law generally provides a three-year limitations period for actions seeking damages for the death of a person under MCL 600.5805, but additional rules under MCL 600.5852 may affect the deadline when an estate and personal representative are involved.
Because the applicable deadline can depend on the circumstances, families should avoid assuming they automatically have three years to act and should consider speaking with an attorney promptly.
What Families Should Do
Families who have lost a loved one in a crash or other preventable incident should consider consulting with a Michigan personal injury attorney as early as possible. Early legal involvement can help preserve evidence, address estate and probate issues that may affect the claim, and protect the family’s rights before applicable deadlines become a concern.
If your family has lost someone in a crash in Macomb, Wayne, or Oakland County and you have questions about Michigan’s wrongful death statute, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.
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Note: Our law office relies on external sources for the content of this post. Although we aim for accuracy, we have not independently verified all facts related to this incident. Please notify Mihelich & Kavanaugh, PLC for corrections if you identify any inaccuracies. Posts will be removed upon request.
Disclaimer: The content of this post is intended for informational purposes only and does not constitute a solicitation for business. The information contained herein is not intended to offer legal or medical advice. If you or someone you care about has been injured in an accident, it is recommended to seek immediate medical assistance. The photo featured in this post was not taken at the actual scene of the accident.
