What Constitutes Wrongful Death in Michigan?

Under Michigan law, a wrongful death occurs when an individual dies due to the wrongful act, neglect, or fault of another party. This includes situations where, had the deceased survived, they would have been entitled to file a personal injury lawsuit.

• Motor vehicle accidents

• Medical malpractice

• Defective products

• Intentional acts like assault or homicide

The governing statute is the Michigan Wrongful Death Act, codified in MCL 600.2922. 

Who Can File a Wrongful Death Claim?

In Michigan, only the personal representative of the deceased's estate is authorized to initiate a wrongful death lawsuit. This individual is appointed by the probate court and acts on behalf of the estate and the deceased's beneficiaries. 

Beneficiaries who may be entitled to damages include:

• Spouse and children

• Parents and grandparents

• Siblings

• Children of the deceased's spouse

• Individuals named in the deceased's will

Legal Process for Filing a Claim

1. Appointment of Personal Representative:
   The probate court appoints a personal representative to manage the deceased's estate.

2. Notification of Beneficiaries:
   Within 30 days of filing the lawsuit, the personal representative must notify all potential beneficiaries.

3. Evidence Collection:
   Gathering medical records, accident reports, witness statements, and expert testimonies to establish negligence or fault.

4. Filing the Lawsuit:
   The personal representative files the complaint in the appropriate court, detailing the basis of the claim and the damages sought.

5. Resolution:
   The case may proceed to trial or be settled out of court, depending on the circumstances and negotiations between parties.

Statute of Limitations

In Michigan, wrongful death claims must generally be filed within three years from the date of the deceased's death. However, specific circumstances, such as medical malpractice, may have different time constraints.

Determining Liability in Wrongful Death Cases

Liability arises when an individual's or entity's negligent or intentional actions lead to another's death. Potentially liable parties include:

• Drivers in motor vehicle accidents

• Medical professionals in malpractice cases

• Manufacturers of defective products

• Property owners in premises liability cases

• Individuals committing intentional harmful acts

Michigan follows a modified comparative negligence rule, meaning if the deceased was partially at fault, the recoverable damages may be reduced proportionally. 

Recoverable Damages

Beneficiaries may be entitled to various damages, including:

• Medical and funeral expenses

• Loss of financial support

• Loss of companionship and consortium

• Pain and suffering of the deceased prior to death

Michigan law imposes caps on non-economic damages in certain cases, such as medical malpractice, with limits adjusted annually. 

Examples of Wrongful Death Cases

• Motor Vehicle Accidents:
  A pedestrian fatally struck by a distracted driver.

• Medical Malpractice:
  A patient dies due to a surgical error or misdiagnosis.

• Defective Products:
  A consumer dies from using a product with a known design flaw.

• Premises Liability:
  A fatal fall occurs due to unsafe conditions on someone else's property.

Seeking Legal Assistance

Navigating a wrongful death claim can be complex and emotionally taxing. At The Nunley Law Group, we are committed to providing compassionate and comprehensive legal support to families during these challenging times. If you believe you have a wrongful death claim, contact us for a consultation to explore your legal options.