Wrongful Death
Wrongful Death in Michigan
How Does Michigan Define Wrongful Death?
Under Michigan law, a wrongful death occurs when a person’s death is caused by a “wrongful act, neglect, or fault of another” that would have entitled the deceased to file a personal injury lawsuit had they survived. Additionally, Michigan law recognizes wrongful death in cases where a “wrongful or negligent act” results in a pregnant woman suffering a miscarriage.
Elements Needed to Prove Wrongful Death
To successfully establish a wrongful death claim, the following elements must be proven:
- Duty of Care – The defendant owed a duty of care to the deceased.
- Breach of Duty – The defendant breached their duty of care through negligence, recklessness, or carelessness.
- Causation – The victim’s death was a direct result of the defendant’s negligent or reckless actions.
- Damages – Financial and/or non-economic losses were incurred due to the wrongful act.
Who Can File a Wrongful Death Lawsuit?
In Michigan, the wrongful death statute mandates that the personal representative (executor) of the deceased’s estate must file the claim. Within 30 days of filing, this representative must notify family members who may be eligible for damages.
What Kind of Damages Can Be Awarded?
Compensation in a wrongful death case may cover:
- Medical and hospital expenses
- Funeral and burial costs
- Pain and suffering endured by the deceased before death
- Loss of financial support the deceased would have contributed
- Loss of companionship, care, and guidance
While Michigan law does not cap wrongful death damages, medical malpractice-related wrongful death damages are subject to statutory limits.
Who Can Receive Wrongful Death Benefits?
Michigan law designates specific family members who may be eligible to receive damages in a wrongful death case, including:
- The deceased’s spouse and children
- The deceased’s parents, siblings, and grandparents
- Stepchildren of the deceased
- Anyone who was named in the deceased’s will
If none of the above individuals survive, damages may be distributed among other heirs entitled to inherit under Michigan’s estate laws.
Additionally, before any other damages are distributed, Michigan law requires that hospital, medical, funeral, and burial expenses be paid first.
Statute of Limitations for Filing a Lawsuit
The statute of limitations for filing a wrongful death lawsuit in Michigan is three years from the date of the deceased person’s death.
Wrongful Death of a Fetus
Michigan law allows for a wrongful death claim if a wrongful or negligent act results in:
- A miscarriage or stillbirth
- Physical injury or death of the embryo or fetus
However, exceptions apply to:
- Acts committed by the pregnant individual
- Medical procedures performed with informed consent
- Lawful dispensation of prescription drugs
Seeking Legal Guidance
Wrongful death cases can be complex and emotionally challenging. If you have lost a loved one due to another’s negligence, consulting an experienced wrongful death attorney can help you understand your rights and pursue the compensation you deserve.
Practice Areas
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Pedestrian Accidents
- Medical Malpractice
- Wrongful Death
- Premises Liability
- Product Liability
- Michigan Torts
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