A wrongful death evaluation should identify which losses Michigan law permits and who suffered them. The decedent’s medical expenses, any conscious suffering before death, and family members’ losses are different categories that require different evidence.

Start with the statutory categories

Michigan’s Wrongful Death Act identifies recoverable categories, including qualifying medical, hospital, funeral and burial expenses; conscious pain and suffering between injury and death; and loss of financial support, society, and companionship. These are not automatically awarded in every case.

A lost-financial-support claim should identify the support a claimant would have received. Do not equate it with automatically recovering the decedent’s entire projected lifetime earnings. The applicable law and evidence must be reviewed before calculating future losses.

Build a record for each category

  • Keep invoices and payment records for medical, funeral, and burial expenses, noting who paid and whether the estate is liable.
  • Preserve treatment and witness evidence relevant to the period between injury and death; do not assume consciousness from the length of that period.
  • Collect income and household records identifying actual financial support and the people who received it.
  • Document the relationship and activities underlying a companionship claim without reducing every family relationship to the same formula.

A verdict amount and a family distribution are not the same thing

The personal representative and counsel must address eligible claimants, notice, approval, distribution, and any legally enforceable repayment obligations. A recovery is not necessarily divided equally among everyone affected by the death.

For who brings the case and how the process begins, read the wrongful death filing guide. Our wrongful death practice page explains representation. Bring estate appointment documents, relevant family information, and available expense records; do not wait for every bill to arrive before asking about timing.

Talk with Logeman & Iafrate

Request a free consultation or call (734) 994-0200 to discuss your situation with our Ann Arbor office. Bring the relevant records and any insurer correspondence. Advice about your claim depends on the facts, coverage, and applicable deadlines.

General information only; this article is not legal advice for an individual case.

Frequently Asked Questions

Can every relative claim the same damages?

No. Eligibility, the particular loss, and distribution are governed by law and the evidence.

Are all projected lifetime earnings automatically recoverable?

No. Lost financial support must be distinguished from a general lifetime-earnings calculation.

‍This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.