There are different categories of damages recoverable in a wrongful death case in Michigan. A lawsuit is required to be filed by a representative of the estate of the deceased victim on behalf of the deceased person's family members who had a relationship with the deceased individual.

MCL 600.2922 Provides That the Following Damages May Be Awarded by a Court or Jury

  • Loss of society and companionship between the decedent and family members. This includes compensation for human losses such as love, affection, and the loss of the relationship.
  • Loss of financial support
  • Conscious pain and suffering of the decedent from the time of the injury until the time of death.
  • Funeral and burial expenses
  • Medical expenses if applicable
  • Other damages that are equitable under the circumstances

Settlement Approval Requirements

A wrongful death settlement must be approved by the presiding court to determine the fairness of the settlement and distribution of the settlement proceeds.

Interested parties such as family members are entitled to notice of the hearing and have the legal right to seek compensation for the losses as set forth above. Interested parties include the deceased person's spouse, children, decedent's parents, grandparents, brothers and sisters, and those persons who are devisees of the will of the deceased.

Statute of Limitations

The statute of limitations to bring a wrongful death case is normally three years in general personal injury cases including automobile accidents. However, in certain circumstances, the statute of limitations may be extended by up to two years from the time the personal representative of the estate is appointed by the probate court.

Our personal injury law firm in Ann Arbor has extensive experience in handling claims resulting from fatal car accidents and other cases involving accidental death. If you have questions or need help with a claim, call and speak to an experienced personal injury lawyer today, free.

Frequently Asked Questions

What types of damages can be recovered in a Michigan wrongful death case?

Under MCL 600.2922, recoverable damages include loss of society and companionship, loss of financial support, the decedent's conscious pain and suffering from injury until death, funeral and burial expenses, medical expenses, and other equitable damages based on the circumstances of the case.

Who can file a wrongful death lawsuit in Michigan?

A wrongful death lawsuit must be filed by a representative of the deceased person's estate on behalf of family members who had a relationship with the decedent. Interested parties include the spouse, children, parents, grandparents, siblings, and devisees named in the deceased's will.

Does a wrongful death settlement need court approval?

Yes, all wrongful death settlements in Michigan must be approved by the presiding court to ensure the settlement is fair and the distribution of proceeds is appropriate. Interested family members are entitled to notice of the hearing and have the right to seek their share of compensation.

What is the statute of limitations for wrongful death cases in Michigan?

The statute of limitations for wrongful death cases is typically three years from the date of death in personal injury cases, including automobile accidents. However, this period may be extended by up to two years from when the personal representative of the estate is appointed by the probate court.

How is loss of society and companionship calculated?

Loss of society and companionship compensates family members for intangible human losses such as love, affection, guidance, and the loss of the relationship with the deceased. The court or jury considers the nature and quality of the relationship, the decedent's role in the family, and the impact of the loss on surviving family members.