Who Can File a Wrongful Death Lawsuit in Michigan
Under Michigan's Wrongful Death Act (MCL § 600.2922), a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate. This is not automatically the spouse or next of kin — a personal representative must be formally appointed through Michigan probate court. If no estate has been opened, one must be created specifically to pursue the wrongful death claim. Koussan Law assists families with the probate process so the lawsuit can proceed without delay.
Who Receives the Compensation
While the personal representative files the lawsuit, the compensation is distributed to the beneficiaries defined by Michigan law. The priority order is: surviving spouse and children first. If there is no spouse or children, compensation goes to parents, then siblings, then grandparents, then aunts and uncles. The court determines the allocation among multiple beneficiaries based on their relationship to the deceased and their financial dependence.
Filing Deadlines You Cannot Miss
The statute of limitations for a Michigan wrongful death claim is three years from the date of death under MCL § 600.5805(2). However, if the death resulted from medical malpractice, the filing deadline may be shorter — two years from the date of the malpractice or six months from discovery, with an absolute six-year outer limit. If the death involves a government entity, you must provide written notice within 120 days under Michigan's Governmental Immunity Act. Missing any of these deadlines permanently bars the claim.
What Damages Are Recoverable
Michigan wrongful death damages include medical expenses incurred before death, funeral and burial costs, loss of financial support the deceased would have provided to dependents, loss of companionship and society (the emotional relationship between the deceased and survivors), pain and suffering the deceased experienced before death, and loss of inheritance the beneficiaries would have received. In cases involving intentional misconduct or gross negligence, exemplary damages may also be available.
Common Causes of Wrongful Death in Michigan
The wrongful death cases Koussan Law handles most frequently involve fatal car and truck accidents on Michigan highways, medical malpractice including surgical errors and misdiagnosis, workplace fatalities in construction and manufacturing, premises liability deaths from unsafe property conditions, nursing home neglect leading to preventable death, and defective products including automotive and pharmaceutical defects.
Why Wrongful Death Cases Require Specialized Representation
Wrongful death cases involve complex damage calculations including economic projections of lifetime earnings, benefits, and household contributions. They require expert economists, vocational specialists, and medical experts. Insurance companies aggressively defend these cases because the stakes are high. Koussan Law has the resources, expertise, and trial willingness to handle the most complex wrongful death claims in Michigan.
If you have lost a loved one due to someone else's negligence, call Koussan Law at (313) 800-0000. We handle the legal burden so you can focus on your family.
