Wrongful Death Survivor Claims

Michigan Wrongful Death Survivor Claims

Losing a family member to someone else's negligence is the most devastating experience a person can endure. Michigan law provides surviving family members the right to seek compensation for the loss of their loved one through wrongful death and survival actions. Koussan Law represents grieving families throughout Michigan with the compassion, dedication, and aggressive advocacy they deserve during this impossible time.

Michigan's Wrongful Death Act

Under Michigan's Wrongful Death Act (MCL § 600.2922), a wrongful death claim may be filed by the personal representative of the deceased person's estate on behalf of the estate and surviving dependents. The claim must establish that the death was caused by the wrongful act, neglect, or fault of another party, and that the deceased would have had a valid personal injury claim had they survived. The statute of limitations is generally three years from the date of death.

Recoverable Damages

Michigan wrongful death claims can recover compensation for the loss of financial support the deceased would have provided (calculated based on their earning capacity over their remaining work-life expectancy), loss of companionship, care, and guidance, medical expenses incurred before death, funeral and burial expenses, pain and suffering the deceased experienced before death (through a separate survival action), and reasonable compensation for the grief, sorrow, and loss of society experienced by surviving family members.

Who Can Bring a Wrongful Death Claim

The personal representative of the estate files the lawsuit, but recovery benefits the deceased's spouse, children, parents, and other dependents. If the deceased left no surviving spouse or children, parents and siblings may be entitled to recover. The distribution of wrongful death proceeds follows Michigan's intestate succession rules unless a court orders otherwise.

If you've lost a loved one to negligence, call Koussan Law at (313) 800-0000 for a compassionate, confidential consultation.