Wrongful Death
Why Wrongful Death Cases Carry the Most Weight in My Practice
No case I handle carries more weight than a wrongful death claim. When a family walks into my office after losing a parent, a spouse, a child — the grief is overwhelming, and the legal process can feel impossible to face. But Michigan law exists to ensure that when someone dies because of another person's negligence, the responsible party pays for the full scope of what that family lost. Not just funeral costs. Not just medical bills. The lost income, the lost companionship, the lost future that was stolen from them.
At Koussan Law, I've represented families in wrongful death cases arising from car accidents, trucking collisions, premises liability, and workplace incidents. Every one of these cases is deeply personal, and I treat them that way.
How Michigan Wrongful Death Law Works
Michigan's wrongful death statute, MCL § 600.2922, allows the personal representative of the deceased person's estate to file a lawsuit on behalf of the estate and the surviving beneficiaries. The personal representative is typically a spouse, adult child, or parent — someone appointed by the probate court to act on the estate's behalf.
The statute recognizes two categories of damages. Economic damages compensate the estate for the financial losses caused by the death: the deceased person's lost earnings and earning capacity, medical and funeral expenses, and the value of household services and support they would have provided. Non-economic damages compensate surviving family members for loss of society and companionship — the emotional and relational void the death created. Michigan does not cap non-economic damages in wrongful death cases except in medical malpractice contexts.
Who Can Recover — and the Deadline That Cannot Be Missed
Under MCL § 600.2922, the beneficiaries of a wrongful death claim include the surviving spouse, children, grandchildren, parents, grandparents, siblings, and in some cases, more distant relatives if no closer relatives survive. Each beneficiary's relationship to the deceased affects the type and amount of damages they can recover.
The statute of limitations is three years from the date of death under MCL § 600.5805. In medical malpractice wrongful death cases, it's two years. If the death resulted from a government entity's negligence, the 120-day notice requirement under MCL § 691.1404 applies. These deadlines are absolute. I've had families come to me at 34 months — with legitimate, provable claims — and we filed with weeks to spare. But others have waited too long, and there's nothing any attorney can do once the statute runs.
Frequently Asked Questions
Q: Who can file a wrongful death lawsuit in Michigan?
Only the personal representative of the deceased person's estate can file the lawsuit under MCL § 600.2922. This person is appointed by the probate court and acts on behalf of all eligible beneficiaries — the surviving spouse, children, parents, and other qualifying family members. If no personal representative has been appointed, that's one of the first things I help families navigate. The probate process doesn't have to be complicated, but it does have to happen before we can file suit.
Q: What damages are available in a Michigan wrongful death case?
Economic damages cover the deceased's lost future earnings, benefits, household services, and medical and funeral expenses. Non-economic damages compensate surviving family members for loss of companionship, society, comfort, and guidance, and the claim can also include the deceased's own conscious pain and suffering before death (the survival component). In cases arising from medical malpractice, non-economic damages are subject to statutory caps under MCL § 600.1483. In all other wrongful death cases, there is no cap — the value of the claim depends on the deceased's earning capacity, age, health, and the nature of the relationships with surviving family members.
Q: What is the statute of limitations for wrongful death in Michigan?
Three years from the date of death for most claims under MCL § 600.5805. Two years for medical malpractice wrongful death. If a government entity is involved, you must file a notice within 120 days of the incident. These deadlines are non-negotiable. I tell every family the same thing: the sooner you contact an attorney, the more options you have. Evidence deteriorates, witnesses forget, and deadlines pass faster than anyone expects during a period of grief.
Q: Can I file a wrongful death claim if the death was caused by a criminal act?
Yes. A wrongful death civil lawsuit is separate from any criminal prosecution. The burden of proof is lower in civil court — preponderance of the evidence rather than beyond a reasonable doubt. I've filed wrongful death claims arising from drunk driving deaths, assaults, and other criminal acts. The criminal case and the civil case proceed independently, and a conviction in the criminal case can strengthen the civil claim, though it's not required.
