Michigan Wrongful Death Law

Statute of Limitations and Deadlines

Michigan law generally allows three years from the date of death to file a wrongful death claim, though certain circumstances can shorten or extend that timeline (for example, in medical malpractice or governmental liability cases).

Missing the deadline can permanently bar recovery, which is why it’s critical to speak with an attorney as soon as possible after a loss.

Michigan Wrongful Death Act Explained

Michigan law provides a clear legal framework for pursuing wrongful death claims. The Michigan Wrongful Death Act (MCL 600.2922) sets out:

Who may bring a claim:
Only the personal representative of the deceased person’s estate may file the lawsuit. This person acts on behalf of all eligible family members and heirs.

Who may benefit from a claim:
Beneficiaries may include the spouse, children, parents, grandparents, siblings, or anyone named in the will or otherwise entitled to inherit under Michigan law.

Recoverable damages:
The Act allows compensation for both economic (e.g., medical bills, lost financial support, funeral costs) and non-economic (e.g., loss of companionship, pain and suffering) damages. Courts can also award damages for the pain and suffering the deceased experienced before passing.

Notice requirements:
The personal representative must provide notice of the claim to all potential beneficiaries within 30 days of filing suit. This ensures that everyone entitled to a portion of the recovery has the opportunity to participate.

Court oversight:
Any settlement or verdict must be approved by the court. The court will oversee how damages are allocated among the heirs and beneficiaries to ensure fairness.

Statute of limitations:
Generally, a wrongful death claim must be filed within three years from the date of death. However, different time limits may apply in cases involving medical malpractice or governmental entities.

Practical Impact on Families

This statute was designed to protect surviving family members — ensuring they can seek justice even when the person who suffered the harm is no longer alive to bring a claim. It recognizes not just financial loss, but also the real emotional impact of losing a loved one due to negligence.

A successful wrongful death claim can provide for:

Because these cases are often emotionally charged and procedurally technical, working with a lawyer experienced in Michigan wrongful death law can make a meaningful difference in outcome.