Michigan Wrongful Death Law Guide

Michigan Wrongful Death Law Guide

Losing a family member due to someone else’s actions is one of the hardest experiences a person can face. On top of grief and day-to-day responsibilities, families are often left with big questions:

• Do we have a wrongful death claim in Michigan?
• Who is allowed to bring the claim?
• How long do we have to decide?
• What kinds of compensation are even possible?

This page walks through the basics of Michigan wrongful death law in plain English. It is designed to give you a starting point and vocabulary for conversations with a lawyer. It is not legal advice and it cannot replace the judgment of a Michigan attorney who reviews the specific facts of a real case.

1. What “wrongful death” means in Michigan

In Michigan, a death is generally considered wrongful if:

• It was caused by someone else’s wrongful act or failure to act (an omission), and
• The person who died could have brought a personal injury claim if they had lived.

Common examples include:

• A driver who runs a red light and causes a fatal crash
• A property owner who fails to correct or warn about a dangerous condition
• A doctor, hospital, or other provider whose negligence leads to a preventable death
• A company that sells a defective product that causes a fatal injury
• An intentional act that amounts to murder

The focus is not on whether the death was an “accident” in everyday language. The key question is whether Michigan law would treat what happened as a legal wrong that supports a civil claim for damages.

2. Who can bring a wrongful death case in Michigan?

Michigan handles wrongful death claims differently from many other states. There are two main pieces:

1. Who is financially affected (the “next of kin”)

   • The law is designed to compensate the people who suffer a financial and relational loss because of the death.
   • This usually includes the surviving spouse and children, and may also include parents, grandparents, siblings, or other next of kin, depending on the situation.

2. Who actually files the lawsuit (the personal representative)

   • Instead of each person filing separately, the court typically appoints a personal representative (often the executor of the estate) to bring one case on behalf of all eligible family members.
   • A surviving spouse or one of the next of kin files a petition asking the court to appoint a personal representative (if one is not already named in the will or estate).
   • The personal representative may be a family member or another suitable person the family and court agree on.

The personal representative is responsible for:

• Working with the lawyer to investigate and bring the claim
• Participating in settlement discussions or trial
• Making sure the court has the information it needs to divide any recovery

If the person who died had already filed a personal injury lawsuit before their death, that case can sometimes be continued by the personal representative and converted into a wrongful death case.

Important: The personal representative represents the interests of the surviving spouse and next of kin, but the court ultimately supervises how any settlement or verdict is allocated among them.

3. How long do families have to file a Michigan wrongful death claim?

Michigan has strict time limits for filing wrongful death claims. Missing a deadline can permanently bar a family from recovering through a lawsuit, even if everyone agrees the other party was at fault.

In most cases, a Michigan wrongful death lawsuit must be filed within three years of the date of death:contentReference[oaicite:26]{index=26}. This is known as the statute of limitations. For example, if someone died on July 1, 2022, the personal representative should file any wrongful death lawsuit by July 1, 2025.

Some key things to know:

• General rule – 3 years from death: Michigan’s three-year limit applies to most wrongful death situations (car accidents, general negligence, etc.). It doesn’t matter when the family discovered that negligence caused the death — the “clock” starts on the date of death in typical cases.
• Medical malpractice deaths: If the death was caused by medical malpractice, a special wrongful death provision and the medical malpractice statute of limitations apply. In many malpractice death cases, the wrongful death suit still must be filed within two years of the malpractice or within three years of the death (whichever is earlier), but Michigan also has a rule allowing up to five years from the date of the act in certain circumstances:contentReference[oaicite:27]{index=27}:contentReference[oaicite:28]{index=28}. Additionally, for malpractice you must give the medical providers a written notice of intent to sue at least 182 days before filing, which effectively means you should start a malpractice wrongful death claim much sooner than the deadline.
• Government-related deaths: If the wrongful death claim is against the government (say, a city vehicle caused the crash, or a lawsuit against a state hospital), Michigan’s Governmental Immunity Act requires written notice to the government within a much shorter time (often just 60 or 120 days after the incident, depending on the type of government and claim). Failing to provide timely notice can invalidate the claim even if you file the lawsuit within three years. So involve an attorney quickly if a government might be involved.
• Saving provision if close to deadline: Michigan law has a “saving” statute that can give a personal representative a bit more time in certain cases. Specifically, if the standard statute of limitations for the underlying claim (often three years for negligence) would have expired less than 30 days after the person’s death, the personal representative has an additional 2 years from the date of death to file the wrongful death action:contentReference[oaicite:29]{index=29}. This is technical, but an example: if someone was injured exactly three years ago and was about to sue, but then they die, the estate gets a little extra time to bring it as a wrongful death case.
• Appointment of personal rep: The wrongful death lawsuit can’t be filed until a personal representative for the estate is appointed. Getting appointed by the probate court can take some time (weeks or months). However, Michigan law provides that if a personal representative is appointed within 2 years of the death, they may file the lawsuit within 3 years of death or within 30 days after appointment, whichever is later:contentReference[oaicite:30]{index=30}. This is another safety net so that families aren’t punished by delays in probate. But don’t rely on this too casually — it’s best to get the estate opened and the lawsuit filed well before deadlines if possible.

To be safe, families should consult an attorney well within the three-year period (preferably within days or weeks of the death). Once the statute of limitations expires, the wrongful death claim is generally lost forever – no matter how valid it might have been. Michigan courts strictly enforce these deadlines.

4. What types of compensation may be available?

No amount of money can make up for the loss of a family member. Wrongful death damages are meant to address the financial impact of the death and some of the intangible loss experienced by the family.

Under Michigan law, a court or jury can award damages that it considers fair and equitable for the losses resulting from the death:contentReference[oaicite:31]{index=31}. In a wrongful death case, the compensation typically falls into these categories:

4.1 Expenses linked directly to the death

• Funeral and burial expenses: This includes the reasonable costs of the funeral service, burial or cremation, headstone, etc.
• Medical bills related to the final injury or illness, if the person received medical care between the injury and death (for example, hospital bills, surgery costs, hospice care).
• These costs are usually paid to the estate (or reimbursed to whoever paid them) out of any recovery, and the wrongful death statute explicitly allows them:contentReference[oaicite:32]{index=32}.

4.2 Financial support and benefits

• The income, wages, and benefits the person would likely have earned and contributed to the family over the course of their lifetime had they lived. This is sometimes called “loss of financial support.” It’s calculated by estimating the person’s expected future earnings (including raises, pensions, Social Security benefits, etc.) and the portion of those earnings that would have gone to support family members.
• Loss of household services: The monetary value of services the person provided to the household – for example, childcare, cooking, cleaning, home maintenance – which now either must be paid for or will significantly burden surviving family members.
• If the person handled certain duties (like managing finances or repairs), the cost to replace those contributions can be included.

4.3 Household services and practical support

• The value of household work, caregiving, and other services the person provided, such as childcare, transportation, home maintenance, or support for an elderly parent. Even if these tasks don’t have a direct wage, they have economic value (for instance, hiring a housekeeper or childcare provider has a cost).
• Michigan law allows recovery for the “loss of services” as part of wrongful death damages, recognizing that a family often loses more than just income:contentReference[oaicite:33]{index=33}.

4.4 Loss of care, companionship, and guidance

Michigan law allows compensation for certain relational and emotional losses that have a financial component, sometimes called “loss of society and companionship.” This includes:

• Loss of the person’s companionship and comfort: The family’s loss of the love, affection, and company of the deceased.
• Loss of care, guidance, advice, and nurturing: Especially relevant for minor children losing a parent (who won’t be there to guide them) or for a spouse losing the emotional support of a partner.
• Loss of consortium: This term is often used for the spousal relationship – the loss of intimacy and fellowship between spouses.

While putting a dollar figure on these is challenging, the law asks juries to make a fair assessment. They may consider things like the relationship’s closeness, the roles the person played in the family, and the life expectancies involved.

4.5 Damages suffered before death

If the person lived for a time between the injury and the death, damages may include:

• Conscious pain and suffering of the deceased: Compensation for whatever physical pain or mental anguish the person experienced after the injury and before passing away (for example, if someone was badly injured in a crash and was conscious and suffering for several hours or days before death). Under Michigan law, the estate can recover these as part of the wrongful death case:contentReference[oaicite:34]{index=34}. Technically, these are often called “survival” damages (since they’re the decedent’s own damages), but Michigan’s wrongful death statute allows them to be included.
• Medical expenses before death: As noted, medical bills are recoverable – they are often considered survival damages too, but again, they’re part of the wrongful death claim in Michigan.

If the death was instantaneous, obviously there would be no conscious suffering or medical bills beyond perhaps emergency response. In cases where there was a period of suffering, these damages can sometimes be substantial and are awarded to the estate (to then be distributed to heirs).

4.6 Punitive damages in limited cases

In some cases, Michigan law allows punitive damages—a separate category meant to punish especially serious misconduct and deter similar behavior in the future. However, Michigan generally does not allow traditional punitive damages in personal injury or wrongful death cases:contentReference[oaicite:35]{index=35}:contentReference[oaicite:36]{index=36}. Instead, Michigan permits what are known as exemplary damages, which are a bit different: they’re intended to compensate for certain emotional injuries to the family (such as feelings of outrage or humiliation) rather than purely to punish the wrongdoer:contentReference[oaicite:37]{index=37}:contentReference[oaicite:38]{index=38}.

Exemplary damages in wrongful death cases are rare. To be awarded, the family must show the defendant’s conduct was willful, malicious, or so egregious that it caused the family not just loss, but additional emotional harm beyond normal grief:contentReference[oaicite:39]{index=39}:contentReference[oaicite:40]{index=40}. Examples might include a death caused by extreme recklessness or a cover-up of wrongdoing. Even then, Michigan caps punitive/exemplary damages in most instances by statute (typically, exemplary damages cannot exceed the amount of actual damages, or $300,000, whichever is greater, except in product liability where they are banned).

In summary, typical wrongful death cases in Michigan focus on compensatory damages (financial and emotional loss to the family). “Punitive” damages are not a standard part of Michigan wrongful death awards, and the estate would have to meet a high bar to get exemplary damages allowed by the court.

Important: Any damages awarded (except perhaps for the conscious pain and suffering portion) are for the exclusive benefit of the surviving spouse and next of kin:contentReference[oaicite:41]{index=41}. We’ll discuss next how the money is split, but generally the jury does not decide that – the court does. The jury awards a lump sum (or sums by category), and the judge later allocates among family.

5. How Michigan courts divide any recovery among family members

In Michigan, any settlement or verdict in a wrongful death case must be allocated among the surviving family members who are entitled to compensation. The law tries to ensure that each person’s share corresponds to their loss.

Here’s how it works:

• Court supervision: The personal representative cannot just distribute the money as they see fit. They must petition the court (usually the same court where the case was heard, or the probate court) to approve distribution. All interested family members (spouse, kids, parents, etc.) are notified of this hearing.
• Agreement or hearing: In many cases, the family members will agree on a fair division of the funds. For example, if a settlement is reached, the spouse and children might agree to specific percentages for each. If everyone (and the court) agrees it’s fair, the court will approve that division without much fuss. If there’s disagreement, the judge will hold a hearing and take evidence on each person’s loss.
• Factors: The court can consider factors such as the age and financial dependency of each family member, the strength of the relationship, who incurred what expenses, etc. For instance, if a child was heavily financially dependent on the deceased, they might get a larger portion of the lost support damages.
• Typical distributions: While each case varies, some general patterns: If a spouse and minor children survive, they usually receive the bulk of the award (with the spouse often also serving as guardian of the children’s portions). Grown independent children might receive less than a spouse or dependent child. Parents of a deceased adult might receive a smaller share if the adult had a spouse/children (since the spouse/children’s losses are greater). Siblings or more distant kin usually only get a share if they were financially dependent or particularly close (and if the immediate family isn’t present).
• Court’s role: Ultimately, the judge aims to distribute the recovery “fairly and equitably” among those entitled, considering each person’s “fair proportion” of the loss sustained:contentReference[oaicite:42]{index=42}. If a jury has given a special verdict breaking down damages (for example, specifying how much is for the spouse’s loss of companionship vs. the children’s), the court will use that as a guide. More often, the jury doesn’t specify by person, so the judge has to use their discretion.
• Example: Suppose a man dies leaving a wife and two minor children. The case settles for $900,000 after expenses. The court might approve something like $400,000 to the wife and $250,000 to each child, reasoning that the wife lost a partner and income provider, and each child lost a parent and support. If one child were disabled and more dependent, that child might get a bit more of the split.
• Minor beneficiaries: When minors receive a share, the court will require that their money be placed in a protected account or structured settlement for their benefit. A common arrangement is to put the minor’s funds into an interest-bearing account that cannot be touched without a court order until the child turns 18 (or 21, the court can extend it). Alternatively, the funds can buy a structured annuity that pays out monthly or in lump sums when the child reaches certain ages (like 18, 21, 25). The goal is to preserve the child’s portion for their future.
• Attorney fees and expenses: These are paid out before distribution to family. Michigan courts will review the attorney’s fees (usually the contingency percentage in the contract) and case costs to ensure they are reasonable. They’re typically approved as long as they align with the contract and aren’t excessive, since contingency fees in wrongful death cases are common and expected.

During the allocation hearing, each interested person has a right to object or propose a different distribution. The personal representative (and their attorney) usually propose a distribution that they believe is fair. If an objection is raised (say, an adult child thinks they deserve more than proposed), the judge may hear testimony. Perhaps that child was providing care to the parent or had special dependence; or conversely, maybe they were estranged. The judge then makes a decision.

Importantly, wrongful death proceeds do not go through the normal estate process (except to the extent they’re allocated to pay things like funeral or the decedent’s own pain and suffering). That means they aren’t subject to the deceased’s debts. Creditors typically cannot claim any portion of wrongful death damages that are allocated to the surviving family’s losses. This is another reason the allocation between wrongful death and survival damages can matter – survival damages (like the decedent’s pre-death pain) technically belong to the estate and could be subject to creditor claims, whereas wrongful death damages go directly to the family.

Michigan’s approach ensures that compensation truly reaches the family members who suffered from the death, rather than being diverted elsewhere. It also means that families should be prepared to justify their losses relative to each other if there’s any dispute. In many cases, families handle this amicably. In others (especially where large sums or complicated family dynamics are involved), the court’s allocation process is crucial in fairly resolving who gets what.

6. Common Michigan wrongful death scenarios

Wrongful death law can apply in many different settings, as long as the legal requirements are met. Examples include:

• Car accidents: Michigan’s no-fault insurance system covers some benefits after a fatal car accident (like limited funeral expenses and survivors’ benefits for lost income through Personal Injury Protection). However, for full compensation (especially for non-economic losses), a wrongful death lawsuit against an at-fault driver is necessary if that driver was negligent. One special note: Michigan’s comparative fault rules would reduce any recovery by the percentage of fault attributable to the deceased. Also, if the deceased was not wearing a seatbelt, the defense may argue “seatbelt defense,” which could reduce damages (Michigan allows evidence that not wearing a seatbelt is negligence, but by statute it can’t reduce damages by more than 5%).
• Medical malpractice: As mentioned, these cases have additional hurdles like the notice of intent and affidavit of merit. Michigan caps non-economic damages in med mal cases (currently around $500,000 for ordinary cases and $800,000 for cases involving death or major disabilities, adjusted annually). However, in a wrongful death context, those caps still apply to the noneconomic portion attributable to the deceased’s own pain and suffering before death. The family’s losses (loss of society, etc.) might be argued not subject to the cap, but Michigan courts have generally held that wrongful death recoveries in med mal are subject to the med mal cap. It’s a complex area – expect defense to invoke caps. An experienced attorney will push for the maximum within those limits.
• Workplace accidents: If a worker dies on the job, Michigan’s workers’ compensation pays certain death benefits to the dependents (weekly payments and funeral expense coverage). Workers’ comp is the exclusive remedy against the employer in most cases (you generally cannot sue the employer for negligence). But if a third party’s negligence contributed (like a subcontractor or equipment manufacturer), a wrongful death suit can be pursued against that third party. For example, a contractor’s employee dies due to a property owner’s negligence – the family can sue the property owner. Coordination with workers’ comp is important, as the comp insurer may have a lien on a portion of the wrongful death recovery.
• Defective products: Michigan has a strong product liability statute. Notably, Michigan law has an absolute defense for pharmaceutical drugs that were approved by the FDA (unless the drug was withdrawn or the manufacturer misled the FDA) – so wrongful death from a dangerous drug often cannot be pursued in Michigan courts due to this immunity. For other products, Michigan’s product liability wrongful death cases require proving a defect (either in design, manufacturing, or lack of adequate warnings) and that it was the cause of death. The statute of repose (if the product is older than 10 years) can be a major hurdle, as discussed. Michigan also doesn’t allow punitive damages in product cases, period – so any recovery is compensatory only.
• Criminal acts and premises liability: If a loved one was murdered due in part to negligent security – e.g., an apartment complex failed to fix a broken security gate or a bar overserved someone who then committed a violent act – there could be a wrongful death claim. Michigan law allows such cases but they can be challenging. For negligent security, you must show the crime was foreseeable and that security measures would have prevented it. Michigan courts sometimes are skeptical of stretching liability for the acts of third-party criminals. Still, there have been successful cases (like apartment owners held liable for not lighting parking lots or fixing locks in high-crime areas). Each case is fact-specific.
• Recreational accidents: Fatal accidents during activities (boating, ATV riding, snowmobiling, etc.) could lead to wrongful death claims if caused by someone’s negligence. Michigan’s wrongful death act would apply similarly. Note, Michigan has specific laws for no-fault coverage in boating/snowmobile accidents (which is different from auto no-fault). But wrongful death suits focus on negligence – e.g., a boat operator driving carelessly causing a crash could be liable.

In any scenario, having a knowledgeable attorney early is important – they can investigate the nuances (like insurance coverage amounts, whether certain laws like med mal caps or product immunities apply, and how to position the case to maximize recovery under Michigan law).

7. Overview of the wrongful death process in Michigan

Every case is different, but many Michigan wrongful death claims follow a similar general path:

Step 1: Appoint Personal Representative. If not already done through the decedent’s will, a family member (or other suitable person) must petition the probate court to open an estate and be appointed personal representative. This is often a spouse or adult child. The probate court will issue “letters of authority” allowing that person to act on behalf of the estate.

Step 2: Attorney Retention and Investigation. The family (usually through the personal rep) hires an attorney. The attorney will investigate the claim – gathering medical records, accident reports, witness statements, etc. They may also consult experts (accident reconstructionists, engineers, medical experts, economists). Michigan’s wrongful death notice requirements kick in here: within 30 days after hiring, the attorney will often file a notice of intent to file a claim (which is basically just notifying potential defendants and all family members as required by statute). And as required, they will serve notice to all relevant family members that a claim is being pursued and ask them to provide any information on their losses within 60 days:contentReference[oaicite:43]{index=43}:contentReference[oaicite:44]{index=44}.

Step 3: Filing the Lawsuit. The attorney files a complaint in the appropriate circuit court (circuit courts in Michigan handle civil cases with claims above $25,000). The complaint will identify the personal representative as plaintiff (e.g., “John Doe, Personal Representative of the Estate of …, Plaintiff, vs. …, Defendants”). It outlines the facts, how the defendants were negligent or otherwise at fault, and the categories of damages sought. A jury demand is usually included if desired (wrongful death plaintiffs almost always want a jury trial). If the case is medical malpractice, the attorney must give 182 days pre-suit notice and then file an affidavit of merit with the complaint signed by a qualified doctor.

Step 4: Discovery. After defendants are served and respond (likely denying liability), the case enters discovery. Both sides exchange documents and information relevant to liability and damages. The plaintiff must, upon request, provide things like medical and employment records of the decedent, and documents evidencing the family’s damages (funeral bills, etc.). Depositions will be taken: key fact witnesses (perhaps eyewitnesses to an accident), the personal representative or family members (to discuss the impact of the loss and any relevant facts about the incident or decedent’s life), and expert witnesses for both sides. For example, in a medical case, both plaintiff’s and defendant’s medical experts will be deposed. In an auto case, maybe an accident reconstruction expert or the responding police officer is deposed.

Step 5: Case Evaluation / Mediation. In Michigan, most civil cases go through case evaluation – a panel of three attorneys (one plaintiff, one defense, one neutral) read briefs and hear short presentations, then “evaluate” the case by suggesting a dollar amount the case is worth. Both sides can accept or reject that number. If both accept, the case settles for that amount. If either rejects, the case continues, but if the rejecting side does worse than the evaluation at trial, they may have to pay the other side’s attorney fees from the time of rejection (a penalty to encourage reasonable evaluation). Many wrongful death cases are also ordered to mediation (a facilitated settlement conference with a mediator). These are opportunities to settle before trial.

Step 6: Pretrial Motions. Defendants might file motions for summary disposition (Michigan’s term for summary judgment) to dismiss part or all of the case. For example, a defendant might argue no reasonable juror could find them at fault, or that a certain category of damages isn’t recoverable under law (e.g., maybe arguing a distant family member shouldn’t be considered a beneficiary). If the court grants such a motion, that part of the case is eliminated or the whole case could be dismissed. If denied, the case proceeds to trial.

Step 7: Trial. If no settlement, the case is tried before a jury (or judge if both sides agree to bench trial, which is uncommon in these cases). At trial, the plaintiff presents evidence first. This includes lay witnesses (family, friends, etc. describing the person and impact of loss), expert witnesses (to establish fault and damages like lost earnings), and any defendant admissions (like maybe they admitted fault in some context). The defense then presents their witnesses, which might include experts to refute liability (e.g., a medical expert saying no malpractice) or to contest damages (like an economist who might present a lower lost income figure, or an accident expert saying the decedent partly caused the crash). The tone can be emotional – wrongful death trials often bring tears from jurors hearing about the family’s grief. Michigan juries will be instructed on the law (including that they can award fair compensation for each category of loss, and to assign a percentage of fault to each party if applicable).

Step 8: Verdict and Judgment. The jury deliberates and returns a verdict. In a wrongful death case, the verdict form may have them fill in dollar amounts for each category of damages (economic losses, non-economic losses, etc.), or a total sum and maybe separate out some parts (like conscious pain and suffering vs. loss of companionship, depending on how the court likes to structure it). They will also state if the decedent was partially at fault, and if so, what percentage. The judge will then mold the verdict into a judgment: for example, if a jury awards $1,000,000 but finds decedent 20% at fault, the judgment would be $800,000. Michigan courts also add statutory interest to judgments from the date the lawsuit was filed to the date of payment, which can be significant if years have passed.

Step 9: Post-trial and Appeals. The losing side (or sometimes both) can file post-trial motions, such as a motion for a new trial or remittitur (asking to reduce an allegedly excessive verdict). Michigan judges can reduce a verdict they find grossly excessive (remittitur) or increase one that’s grossly inadequate (additur, though that’s rare unless liability was clear and jury gave almost nothing). After that, the case can be appealed to the Michigan Court of Appeals and possibly to the Michigan Supreme Court. Appeals can take 1-2 years or more. Many wrongful death cases settle during appeal to avoid further uncertainty.

Step 10: Distribution of the Judgment/Award. If the plaintiff ultimately prevails (or a settlement is reached), the funds are handled through the estate. The personal representative will file a petition in probate court to distribute the proceeds. The court will ensure all interested persons are notified. If a settlement was reached, the court also approves the settlement amount itself as fair (especially when minors are involved, judges pay close attention to whether the settlement is adequate). After any attorney fees, case costs, and statutory liens (like medical liens or workers’ comp liens) are paid, the net proceeds are allocated to the family as discussed earlier. The probate court then issues an order instructing the PR to pay out specific amounts or percentages to each beneficiary.

Step 11: Closing the Estate. Once all funds are disbursed and any other estate matters are wrapped up, the personal representative can close the estate with the probate court, marking the end of the legal process.

This process can easily span several years from the incident to the final resolution, particularly if litigation is involved. Each stage has its challenges: for example, finding experts willing to testify (in med mal, Michigan requires an expert in the same specialty), surviving summary judgment (which might hinge on subtle points of law or factual disputes), and convincing a jury on both liability and the value of a life.

Throughout this journey, the family’s role (beyond the PR’s formal role) is to provide information, testimony, and support the case as needed. It’s also the attorney’s role to shield the family as much as possible from unnecessary stress (for example, handling tough negotiations or communications with the defense). However, some involvement (like depositions of family members about their loss) is unavoidable.

Michigan’s wrongful death system aims to balance the need for fair compensation with safeguards (like court oversight of distributions and the requirement of a single coordinated lawsuit). With diligent legal representation, families can navigate this system to achieve a measure of justice and financial stability after a tragic loss.

8. Considering legal help and next steps

If you have lost a loved one due to what you suspect was someone’s negligence or misconduct in Michigan, here are some practical next steps and considerations:

• Speak to a lawyer early: As we’ve stressed, the time limits and procedural hurdles (like notifying the right parties) make it important to involve a wrongful death attorney as soon as you feel ready. Many attorneys will meet for a free consultation to discuss your potential case. Bringing any documentation (accident reports, medical records, correspondence from insurance, etc.) to that meeting can be helpful.
• Personal representative appointment: If you haven’t opened a probate estate yet, the attorney can guide you on doing that or work with the family’s probate lawyer if one is handling the estate. Deciding who should be the personal representative might involve family discussions; typically, choose someone who is organized and communicates well (they will be the point person with the attorney). If family dynamics are strained, sometimes a neutral PR (like a trusted family friend or professional) could be appointed to avoid fights – but that’s only in unusual cases.
• Preserve evidence: Save anything that might be evidence. This could be the vehicle involved (don’t let it be repaired or destroyed until it’s been examined), the product that failed, clothing of the deceased (if it might have forensic evidence), etc. Your attorney can help secure evidence (for instance, by sending letters instructing parties to preserve relevant items or data). Also, refrain from giving recorded statements to insurance companies until you have counsel; insurers often want to lock in testimony that might hurt your case later.
• Documentation of loss: It may be helpful to keep a journal of how this loss affects you day to day, especially for spouses or primary caregivers. Not only is this therapeutic, it can serve as evidence of your pain and suffering (mental anguish). Also, compile photos, videos, and stories of your loved one; these humanize the case, and your attorney might use some at trial (e.g., a video of the deceased playing with their kids to show the loss of parental guidance).
• Handling medical and funeral bills: These can pile up and cause stress. If you inform providers that there’s a wrongful death claim, they often will wait for the outcome (and Michigan law in med mal even prevents collection efforts during the 182-day notice period). Some providers might assert liens (legal claims) on any recovery – your attorney will negotiate those, and Michigan has statutes limiting some lien recoveries (for example, if you had health insurance or auto no-fault benefits pay expenses, their reimbursement rights are governed by specific laws).
• Grief support: Don’t hesitate to seek counseling or join support groups for people who’ve lost loved ones. The legal process can stir up emotions, and having support is crucial. Additionally, showing that you sought therapy can actually support your claim for emotional distress (though you wouldn’t do it for that reason alone – it’s primarily for your well-being).
• Contingency fees: Michigan allows contingency fees, and it’s standard in wrongful death cases. Typically, it’s around one-third of the recovery, potentially 40% if it goes to appeal or if it’s a medical malpractice case (where fees are sometimes higher due to complexity). Make sure you understand the fee agreement with your attorney – it should spell out who covers case expenses (usually the attorney advances them and is reimbursed from the settlement) and how the fee is calculated (on gross or net, etc.). Michigan does not cap attorney fees in wrongful death (except indirectly in med mal with some rules), but the probate court will review them for reasonableness.
• No double recovery: If you received life insurance benefits or no-fault survivor’s benefits or workers’ comp death benefits, you might wonder if that affects the wrongful death claim. Typically, the defendant doesn’t get to reduce their liability because you had life insurance – that’s a collateral source. Michigan does have a “collateral source rule” where after a verdict, the defense can sometimes ask to reduce damages by certain insurance received (excluding life insurance, which is protected). It’s complex, but often life insurance and charity gifts to the family don’t reduce the verdict. Social Security survivor benefits, workers’ comp, etc., might reduce certain parts of economic damages. Your attorney will handle this in calculations.

Above all, know that it’s okay to focus on taking care of yourself and your family – that’s why you hire an attorney, to handle the legal burdens for you. A good wrongful death attorney in Michigan will not only fight for maximum compensation but also guide you with compassion, keeping you informed but not overwhelmed.

Finally, remember the purpose of a wrongful death claim: it’s not about assigning value to a life (no sum truly captures it), but about holding the responsible party accountable and securing financial stability for those left behind. It can also spur changes (like improved safety practices) as defendants see the cost of negligence. Whether or not to pursue a claim is a personal decision, but you should at least be aware of your rights so you can make an informed choice.

9. Important disclaimer

This Michigan wrongful death guide is general information only. It:

• Does not create an attorney-client relationship
• Is not a substitute for legal advice
• May not reflect the most current changes in Michigan law
• May apply differently based on the specific facts of any real-world situation

If you have lost a family member and are wondering about your rights under Michigan law, consider speaking directly with a licensed Michigan attorney who can review the details of your situation and give advice tailored to your needs.