How Michigan’s Wrongful Death Act Works for Families
Losing a loved one due to someone else’s negligence is devastating. In these moments, families not only face emotional pain but often overwhelming financial burdens. Michigan law provides a way for surviving family members to pursue justice and compensation through the Michigan Wrongful Death Act, set out in MCL 600.2922. Understanding how this law works can help families make informed decisions and hold negligent parties accountable.
What Is a Wrongful Death Claim in Michigan?
A wrongful death claim is a civil action brought when someone’s death is caused by another party’s negligence, recklessness, or intentional act. These cases often arise from:
- Auto accidents
- Medical malpractice
- Construction site accidents
- Nursing home neglect or abuse
- Dangerous premises or defective products
Unlike a criminal case, which is brought by the state, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members.
Who Can Recover Damages
The Michigan Wrongful Death Act allows certain family members to recover damages, including:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
- Anyone who may have been financially dependent on the deceased
The law requires the personal representative to notify all potential beneficiaries and distribute any settlement or award fairly according to the statute and court approval.
Types of Damages Available
A wrongful death claim may include compensation for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of financial support
- Loss of companionship and consortium
- Pain and suffering experienced by the deceased prior to death
In some cases, noneconomic damages can be substantial, particularly when the loss has a profound emotional impact on the family.
How the Legal Process Works
Wrongful death claims follow a structured legal process:
- Appointment of a personal representative for the estate.
- Notice to all heirs and potential beneficiaries.
- Filing the wrongful death lawsuit against the at-fault party.
- Investigation and evidence gathering, including medical records, accident reports, and expert testimony.
- Negotiation or trial, depending on whether a settlement can be reached.Many cases settle before trial, but it’s important to have an experienced attorney prepared to litigate if necessary.
Time Limits to File a Claim
Like other civil claims, wrongful death lawsuits in Michigan are subject to a statute of limitations. Waiting too long can result in losing the right to recover damages, so acting promptly is essential.
Why Legal Representation Matters
Wrongful death claims can be complex — involving multiple parties, insurance carriers, and strict procedural rules. An experienced personal injury attorney can help:
- Identify liable parties
- Gather and preserve key evidence
- Handle negotiations with insurance companies
- File and litigate the lawsuit within statutory deadlines
- Protect the family’s rights throughout the process
Seeking Justice and Accountability
No amount of money can replace the loss of a loved one, but a successful wrongful death claim can provide financial security, a sense of justice, and accountability for negligent actions.
If your family has lost someone due to another’s negligence, you have the right to pursue justice under Michigan law.
Talk to a Michigan Wrongful Death Attorney
If you’ve experienced a loss due to someone else’s negligence, JKH Law can help guide you through every step of the legal process with care and strength. Contact us at (616) 226-3762 or info@jkhlawplc.com to discuss your legal rights today. Learn more at our Wrongful Death Laws page.
