How Shared Fault Affects a Wrongful Death Claim in Michigan
When someone dies because of another person’s negligence, Michigan’s Wrongful Death Act allows certain family members to recover compensation. But when the person who died bears some responsibility for what happened — even partial responsibility — Michigan law can reduce, or in some cases eliminate, part of what the family is able to recover. Understanding how shared fault works in a wrongful death case matters for setting realistic expectations from the start.
Who Can Bring a Wrongful Death Claim
Under MCL 600.2922, only the personal representative of the deceased person’s estate may bring a wrongful death action, though the recovery is intended for the benefit of the decedent’s spouse, children, parents, and other dependents, as determined by the probate court. Recoverable damages can include funeral and burial expenses, medical expenses tied to the fatal injury, the financial support the decedent would have provided, and the loss of the decedent’s society and companionship.
How Michigan’s Comparative Fault Law Applies
Michigan is a modified comparative fault state. Under MCL 600.2959, a court assessing damages in a wrongful death case looks at the percentage of fault attributable to the person who died — not the surviving family members — because a wrongful death claim is legally derived from the harm the decedent suffered.
- If the decedent’s fault is 50% or less: both economic and noneconomic damages are reduced by that percentage, but the family can still recover both categories.
- If the decedent’s fault is greater than 50% (more than the combined fault of everyone else involved): the family can still recover economic damages, such as funeral costs and lost financial support, reduced by the fault percentage — but noneconomic damages, including loss of society and companionship, are barred entirely.
To illustrate with a hypothetical: if a jury finds a pedestrian struck by a car was 30% at fault, the family recovers 70% of both economic and noneconomic damages. If the jury instead finds the pedestrian 60% at fault, the family recovers only economic damages, reduced by 60%, and nothing for loss of society and companionship.
Why Fault Investigation Matters So Much
Because the size of a wrongful death recovery can turn heavily on the fault percentage a court or jury assigns, and because insurers and defense counsel routinely argue for a higher fault share for the decedent specifically to try to trigger the bar on noneconomic damages, a serious factual investigation — accident reconstruction, witness statements, physical and forensic evidence — often determines the real value of a case far more than the extent of the surviving family’s grief and loss.
JKH Law represents Michigan families pursuing wrongful death claims arising from auto accidents, premises hazards, and other negligence. If you’ve lost a family member and are trying to understand what a claim may realistically be worth, contact us to discuss your situation.
