Wrongful Death

Wrongful death in Michigan refers to a legal claim that arises when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. The purpose of a wrongful death claim is to seek compensation for the losses and damages suffered by the surviving family members due to the death of their loved one. Wrongful death lawsuits are typically filed by the decedent’s estate or surviving family members, such as spouses, children, or parents.

Key points about wrongful death claims in Michigan include:

Eligibility to File: In Michigan, the Personal Representative of the deceased person’s estate is the one authorized to bring a wrongful death lawsuit. The Personal Representative is typically named in the decedent’s will or appointed by the court.

Statute of Limitations: Wrongful death claims in Michigan must be filed within a specific time frame known as the statute of limitations. As of my last update in September 2021, the statute of limitations for wrongful death claims in Michigan is generally three years from the date of the person’s death. It’s crucial to file the lawsuit within this time period, as failure to do so may result in the claim being barred.

Damages: Damages in a wrongful death case can include both economic and non-economic losses. Economic damages may include medical expenses, funeral and burial costs, and lost financial support the deceased person would have provided to their family. Non-economic damages may include compensation for the pain and suffering experienced by the surviving family members due to the loss of their loved one.

Comparative Fault: Michigan follows a comparative fault system. This means that if the deceased person was partially at fault for the incident that led to their death, the amount of damages recovered may be reduced based on their percentage of fault. However, if the deceased person is found to be more than 50% at fault, the surviving family members may be barred from recovering damages.

Who Can Recover Damages: The damages recovered in a wrongful death claim are distributed to the surviving family members in proportions determined by Michigan law. Generally, the spouse, children, parents, or other dependents of the deceased may be eligible to receive compensation.

Survival Actions: In addition to a wrongful death claim, Michigan law also allows for a separate legal action called a “survival action.” Survival actions seek compensation for the pain and suffering, medical expenses, and lost wages the deceased person experienced before their death.

If you are considering filing a wrongful death claim or have questions about a potential case, it’s essential to consult with an experienced wrongful death attorney in Michigan. They can guide you through the legal process, protect your rights, and help you pursue the compensation you and your family may be entitled to receive.