Who Can File a Wrongful Death Claim in Michigan?

How is Wrongful Death Defined in Michigan?

The State of Michigan defines wrongful death as any death that is caused by a wrongful act, neglect, or fault of another that would have allowed the person to file a personal injury lawsuit if they had survived the act. Additionally, under Michigan law, a wrongful death is when a wrongful or negligent act results in a miscarriage by a pregnant woman. A wrongful death claim can be filed when a person dies due to the legal fault of another by:

• Negligence, such as a car accident
• Medical malpractice
• An intentional act, such as a crime

Who Can Sue for Wrongful Death?

In Michigan, the family members of the deceased have the authority to file a lawsuit for compensation for any wrongful death. These suits may be brought forth by a spouse, parent, sibling, child, grandparent, or grandchild, and in some cases, a distant relative such as an aunt or uncle. If the decedent left behind a will, then any person named as an heir of the estate may also have the right to file a claim.

However, it is important to note that before a claim can be filed, the family member or heir must first be appointed as the personal representative of the estate. This person will be responsible for representing the interests of the family and working with an attorney.

How is Wrongful Death Proven?

For a wrongful death case, the burden of proof to establish another party’s negligence falls on the family. Proving negligence relies on establishing the following four elements:

• Duty: The plaintiff must show that the at-fault party had a duty to keep the deceased reasonably safe. Motor vehicle operators, for example, have a duty to operate vehicles safely.
• The plaintiff must show that the at-fault party breached its duty. For example, a motor vehicle driver does not follow traffic laws.
• Causation: There must be evidence to demonstrate that the breach directly caused the death and that, without the breach, the accident that resulted in the death would not have occurred. For example, a motor vehicle accident caused a death from a traumatic brain injury that occurred during the accident. 
• Damages: This is the monetary loss that can be compensated, such as medical bills and funeral expenses.

How are Wrongful Death Claims Filed?

The first step for any claim is to hire a knowledgeable attorney to navigate this technical process. This is the best way to ensure successful results.

The Michigan Wrongful Death Act provides a detailed outline of requirements needed to file a case, such as:

• Family members who are eligible to file a claim and who have priority
• Legal procedures for notifying other members of the family that a claim has been filed and what their legal rights are in the case
• The types of damages and other compensation that can be obtained
• Legal procedures and requirements that exist to file the claim or to settle a case
• Procedures for disbursement of the settlement funds or claim compensation to the surviving family

Typically, this procedure is done through a probate court in the county of the deceased’s last residence.

What Compensation is Available in a Wrongful Death Claim?

Compensation is awarded to the family of the deceased to compensate them for the death. These damages include:

• Reasonable hospital, medical, funeral, and burial expenses
• Pain and suffering endured by the deceased
• Loss of financial support
• Loss of care, companionship, and other non-economic benefits

Claims Available for a Surviving Spouse

The State of Michigan has specific laws to address the measure of damages for injury to a spouse to the wrongful death of the other spouse. Damages allowed for a surviving spouse include:

• Reasonable expenses associated with necessary medical care, treatment, and other services that the spouse received.
• The reasonable value of the services provided by the deceased spouse, of which the surviving spouse is now deprived. This includes help around the family home, financial assistance, maintenance, and other services typically provided between spouses.
• The reasonable value of the society, companionship, and sexual relationship provided by the deceased spouse, of which the surviving spouse has now been deprived.

Medical Malpractice Compensation Caps

The amount of non-economic damages that can be awarded in instances of medical malpractice is limited. Non-economic damages cannot exceed $280,000 unless one of the following situations applies:

• Brain or spinal cord injury
• Impaired cognitive ability that affects normal living
• Permanent loss of reproductive ability

If one of the listed situations applies, the cap for non-economic damages is set at $500,000.

Who Can Recover Damages in a Wrongful Death Claim?

Although there is a broad range of family members or friends who are eligible to file a wrongful death claim, there is a much shorter list of family members who stand to benefit from awarded compensation during these types of claims, including the following:

• The surviving spouse and children
• The surviving parents, siblings, and grandparents
• The surviving children of the spouse of the deceased
• Any listed beneficiary in the will of the deceased

How Long Do I Have to File a Wrongful Death Claim?

A statute of limitations is a legally imposed timeframe in which a case can be brought to court. The State of Michigan mandates that a wrongful death claim be petitioned within three years from the date of the death. Claims not filed within this period may be barred from court.

Do I Need an Attorney?

If you are mourning the loss of a loved one and believe that their death could have been avoided, you deserve the compassionate and knowledgeable assistance of Sigal Law Firm. Call us today at 248-671-6794 or fill out a contact form for a free consultation.