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A phone call changes everything. One moment your life looks one way, and the next, someone you love is gone because of a crash they never saw coming. In the days that follow, grief arrives alongside a flood of unfamiliar tasks. Funeral arrangements, phone calls from insurance adjusters, and questions about what happens next all compete for your attention.
Many Metro Detroit families are surprised to learn that an insurance company may reach out early, often before there's been any time to process what happened. These calls sometimes come with pressure to settle quickly. They may also involve subtle attempts to shift blame onto your loved one. Understanding your rights early can protect your family from decisions made under pressure, at the worst possible time.
What Is a Wrongful Death Claim Under Michigan Law?
A wrongful death claim is a civil lawsuit. It's filed when someone dies because of another person's negligence, recklessness, or wrongful conduct. In a fatal crash, this typically means the at-fault driver acted carelessly behind the wheel. Michigan's wrongful death statute, MCL 600.2922, governs how these claims work.
Unlike a personal injury case, a wrongful death claim cannot be filed by surviving family members directly. Under Michigan law, only the personal representative of the deceased person's estate has that authority. This person is often named in a will, but if no will exists, a family member can petition the probate court for appointment. Michigan law generally gives the surviving spouse the highest priority for this role.
It's also worth understanding how this differs from a criminal case. If the at-fault driver faces criminal charges, that case moves through a separate legal system entirely.
| Criminal Case | Wrongful Death Claim | |
|---|---|---|
| Type of case | Criminal | Civil |
| Possible outcome | Jail time or fines paid to the state | Financial compensation for the family's losses |
| Depends on the other? | No. One can move forward regardless of what happens in the other. | |
A wrongful death claim is a civil case, not a criminal one. The goals are different, the courts are different, and one can move forward regardless of what happens in the other.
Wrongful Death vs. Survival Action: Understanding the Difference
What a Survival Action Covers
A survival action addresses what the deceased person experienced before they passed away. If your loved one survived for any period after the crash, even briefly, they may have endured pain, medical treatment, or fear. A survival action allows the estate to recover compensation for those damages, including:
- Pain and suffering experienced before death
- Medical bills incurred prior to passing
- Lost wages between the date of the crash and the date of death, if applicable
Because a survival action belongs to the estate, any recovery becomes part of the estate's assets. It's then distributed according to the will, or Michigan's intestacy laws if there isn't one.
What a Wrongful Death Claim Covers
A wrongful death claim, on the other hand, focuses on what the surviving family members lost. It doesn't compensate the deceased. It compensates the people left behind, for the companionship, financial support, and guidance they no longer have.
Families may sometimes pursue a survival action and a wrongful death claim together. It depends on the facts of the case. An attorney can help determine whether both apply to your situation.
| Survival Action | Wrongful Death Claim | |
|---|---|---|
| Whose losses | What the deceased experienced before passing | What the surviving family members lost |
| Examples | Pain and suffering, medical bills, lost wages before death | Companionship, financial support, and guidance |
| Where recovery goes | Becomes part of the estate's assets | Compensates the people left behind |
Myth
A wrongful death claim and a survival action are the same lawsuit filed twice.
Fact
They're distinct legal claims covering different losses. Michigan law allows both to be pursued together when the facts support it.
Who Can Recover Compensation After a Fatal Crash?
Michigan law is specific about which family members may receive compensation from a wrongful death claim. Under MCL 600.2922(3), the following individuals are generally eligible if they survive the deceased:
- Spouse
- Children and descendants, including grandchildren
- Parents
- Grandparents
- Siblings
- Stepchildren, in certain circumstances
- Individuals named in the will who were financially dependent on the deceased
If none of these relatives survive the deceased, Michigan law looks elsewhere. It turns to those who would inherit under intestate succession, the state's default inheritance rules for someone who dies without a will.
Once a wrongful death lawsuit is filed, the personal representative must notify all eligible family members within 30 days. This notice gives family members a chance to present information relevant to their share of any recovery. Compensation is typically divided based on each person's relationship to the deceased. Documented losses, such as financial dependence, also factor into that division.
What Damages Can Families Recover in a Michigan Wrongful Death Claim?
Loss of Financial Support
When someone dies, their family often loses more than a person. They lose an income, a contributor to household expenses, and sometimes their primary source of financial stability. Loss of financial support accounts for the wages and future earnings the deceased would likely have provided. This is often one of the largest components of a wrongful death claim, especially when the deceased was a primary or sole earner.
Loss of Companionship, Care, and Guidance
Some losses can't be measured in dollars, but Michigan law still recognizes them. This category covers the companionship a spouse has lost. It also covers the guidance a parent would have given their children, and the emotional support they provided. Courts consider the nature of the relationship and the role the deceased played in daily life.
Funeral and Burial Expenses
Families should not have to bear the financial burden of laying a loved one to rest. Not when someone else's negligence caused the death. Reasonable funeral and burial costs are recoverable as part of a wrongful death claim.
Medical Expenses Prior to Death
Sometimes the deceased received medical treatment between the crash and their death. Those expenses are generally recoverable. This may include ambulance transport, hospitalization, and any procedures performed to try to save their life.
Pain and Suffering Experienced Before Death
Through a survival action, families may also seek compensation for physical pain and emotional distress. This covers what the deceased experienced before passing. It applies specifically when there was a period of conscious suffering between the crash and death.
How Long Do Families Have to File a Wrongful Death Claim in Michigan?
From the Date of Death
Under MCL 600.5805(2), the clock generally runs from the date of death, not the date of the crash.
Speaking with an attorney early helps preserve evidence, identify all responsible parties, and protect your family's filing deadline, even if you're not ready to move forward with a claim yet.
Michigan law sets a strict deadline for filing a wrongful death lawsuit. Families generally have three years from the date of death to file. That's not the date of the crash itself. This distinction matters in cases where someone survives for weeks or months after the accident.
Michigan courts enforce this deadline strictly. In most circumstances, missing it means losing the right to pursue compensation entirely. Certain limited exceptions can extend or adjust this timeline. Much depends on the circumstances surrounding the death and when a personal representative is appointed.
Frequently Asked Questions
Does it matter if the at-fault driver is criminally charged?
Not for the purposes of a wrongful death claim. A civil case can move forward whether or not criminal charges are filed. The outcome of any criminal proceeding doesn't control it either.
Can we file a claim before the police report assigns fault?
Yes. A police report is helpful evidence, but it isn't required before pursuing a claim. An attorney can investigate independently to establish what happened and who was at fault.
Does insurance cover wrongful death claims?
Often, yes. The at-fault driver's auto insurance policy may provide coverage, though policy limits can affect how much is available. In some cases, additional coverage, such as underinsured motorist benefits, may also apply.
How is a settlement or verdict divided among family members?
Distribution is typically based on each eligible family member's relationship to the deceased. Documented losses matter too. A probate court often reviews and approves how proceeds are divided.
Moving Forward When You're Ready
There's no timeline for grief, and there shouldn't be one imposed on your family from the outside. Some families want to understand their legal options right away. Others need weeks or months before they can think about anything beyond getting through each day. Both responses are normal.
What matters is that your family has accurate information when you're ready to use it. Understanding how Michigan law works doesn't require you to act immediately. It simply means you won't be caught off guard later. Deadlines, insurance tactics, and other decisions won't take you by surprise.
Talk to Someone Who Will Treat Your Family Like People, Not a File Number
If your family is facing life after a fatal crash in Berkley, Oakland County, or anywhere across Metro Detroit, you don't have to sort through this alone. At LSM Lawyers, Tony Shapero often speaks with new clients personally. We believe your story deserves more than a case number.
We're Here When You're Ready
A gentle, confidential conversation with a Berkley team that has guided Metro Detroit families through the hardest days. The consultation is free.
This content is for general informational purposes only and does not constitute legal advice. Contact LSM for guidance specific to your situation. Past results do not guarantee future outcomes.