Compassionate Wrongful Death Attorneys Serving Michigan Families

When a family loses a loved one due to another person's negligence, recklessness, or intentional act, the emotional devastation is immeasurable. At Logeman & Iafrate, P.C., we provide compassionate legal representation to help grieving families pursue justice and the compensation they need to face the future.

Understanding Michigan's Wrongful Death Act

Under Michigan's Wrongful Death Act (MCL 600.2922), surviving family members can file a lawsuit when a death is caused by wrongful act, neglect, or fault—essentially any situation where the deceased could have filed a personal injury lawsuit if they had survived.

The lawsuit must be filed by the personal representative (executor) of the deceased's estate. Family members who may be entitled to damages include:

  • Spouse
  • Children and stepchildren
  • Parents
  • Grandparents
  • Siblings
  • Those financially dependent on the deceased

Compensation Available in Wrongful Death Cases

Michigan law allows recovery for:

  • Medical, hospital, funeral, and burial expenses
  • Pain and suffering experienced by the deceased between injury and death
  • Loss of financial support and inheritance
  • Loss of society and companionship

The three-year statute of limitations for wrongful death claims begins from the date of death. Prompt action is essential to preserve evidence and protect your family's rights.

Who can file a wrongful death lawsuit in Michigan?

Under Michigan's Wrongful Death Act (MCL 600.2922), only the personal representative (executor) of the deceased's estate can file the lawsuit. However, damages are distributed among eligible family members including the spouse, children and stepchildren, parents, grandparents, siblings, and those financially dependent on the deceased. If no estate exists, one can be opened specifically for the wrongful death claim.

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

Michigan law allows recovery for medical, hospital, funeral, and burial expenses; pain and suffering experienced by the deceased between injury and death; loss of financial support and inheritance the family would have received; and loss of society and companionship. Proposed legislation (House Bill 6086) may expand damages to include lost future earnings and loss of household services.

How long do I have to file a wrongful death claim in Michigan?

The statute of limitations for wrongful death claims is three years from the date of death—not the date of the injury that caused the death. However, certain circumstances can affect this deadline. Prompt action is essential to preserve evidence and protect your family's rights. We recommend consulting an attorney as soon as possible after losing a loved one to negligence.

Are there damage caps in Michigan wrongful death cases?

Damage caps depend on the type of case. Wrongful death arising from medical malpractice is subject to Michigan's non-economic damage caps—approximately $569,000 for standard cases and $1,047,000 for cases involving death, adjusted annually. Most other wrongful death claims, such as those from auto accidents or general negligence, are not subject to these caps.

Can I pursue a wrongful death claim if my loved one died in a car accident?

Yes. When a loved one dies in an auto accident, families may pursue both no-fault survivor benefits through their own insurance and a third-party wrongful death claim against the at-fault driver. Our attorneys help families navigate both systems to maximize recovery while handling the legal process during this difficult time.