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Under Michigan law, a “wrongful death” occurs when a person dies as the result of another’s negligence, recklessness, or misconduct—whether it’s a deadly car crash, unsafe property condition, nursing home negligence, or a defective product. A wrongful death claim is a civil action filed by the personal representative of the estate on behalf of surviving family members. Its purpose is twofold: to provide financial support and justice to the family and to hold the wrongdoer accountable for preventable loss of life.
At Liss, Shapero & Mitnick, we understand how overwhelming this process can feel. For more than 25 years in Berkley and Metro Detroit, our attorneys have guided grieving families through Michigan’s complex wrongful death laws with compassion, skill, and respect. As Berkley’s Community Law Firm, we don’t hand your case off to an anonymous associate—we bring our entire team to your side, offering clear explanations, regular updates, and tireless advocacy.
Our guiding principle—Your Rights First—means we focus on what matters most to your family:
- Recovering compensation for funeral costs, medical bills, lost income, and loss of companionship.
- Seeking accountability from the responsible party.
- Handling the legal burden so you can focus on healing and honoring your loved one’s life.
If you’ve lost a loved one due to negligence or wrongdoing in Berkley or the surrounding communities, Liss, Shapero & Mitnick is here to help you navigate the legal process with dignity and strength.
Understanding Michigan Wrongful Death Law
Michigan Wrongful Death Act
Michigan’s Wrongful Death Act (MCL 600.2922) allows a civil claim when a person’s death is caused by another’s negligence, recklessness, or wrongful act. The claim stands in for the lawsuit the person could have brought if they had survived, and it’s pursued on behalf of the family to provide financial relief and accountability.
Who Can File
The lawsuit is filed by the Personal Representative (PR) of the deceased person’s estate (appointed through probate court). The PR brings the claim for the benefit of eligible family members, such as a spouse, children, parents, grandparents, and others who suffered loss. After a settlement or verdict, a judge reviews and approves the distribution to beneficiaries.
Damages Families May Recover
Depending on the facts, recoverable damages can include:
- Medical and hospital expenses related to the final injury or illness
- Funeral and burial costs
- Loss of financial support and benefits the decedent provided
- Loss of services (household and caregiving contributions)
- Loss of society and companionship (the human relationship—guidance, love, and support)
- Conscious pain and suffering the decedent experienced before death (if applicable)
- Interest and certain litigation costs as allowed by law
Statute of Limitations
Timing is critical. In many wrongful death cases, the filing deadline mirrors the underlying claim (often three years for general negligence), but shorter or different deadlines can apply—such as medical malpractice, governmental entities (which may require early notice), or certain product claims. Because these rules are nuanced, families should speak with counsel as early as possible to protect their rights and preserve evidence.
Common Causes of Wrongful Death Cases We Handle
Motor Vehicle Crashes (Auto, Truck, Pedestrian, Motorcycle)
Fatal collisions can involve cars, 18-wheelers and commercial fleets, rideshares, motorcycles, cyclists, and pedestrians. We secure police reports, event data recorder (“black box”) downloads, traffic-cam footage, and eyewitness testimony, then work with reconstruction experts to prove fault and identify all insurance coverage.
Medical Negligence or Nursing Home Negligence
Errors in diagnosis, medication, surgery, monitoring, or infection control—as well as falls, dehydration, bedsores, and neglect in long-term care—can have devastating outcomes. Our team reviews medical charts with independent specialists to uncover rule violations and systemic failures.
Unsafe Property Conditions or Workplace Incidents
Deadly incidents may arise from inadequate security, code violations, faulty lighting, defective stairs/handrails, fire hazards, or construction/worksite failures. We move quickly to preserve surveillance, maintenance logs, OSHA/MIOSHA findings, and contractor records, and we pursue all liable owners, managers, and third parties.
Defective Products or Dangerous Drugs
A defective vehicle component, machinery, consumer product, medical device, or unsafe pharmaceutical can cause catastrophic harm. We evaluate design, manufacturing, and warning defects, coordinate product testing, and hold manufacturers, suppliers, and distributors accountable.
Damages Available to Families
Medical Expenses Related to the Final Injury/Illness
Hospital care, surgery, ICU, medications, hospice, and related out-of-pocket costs tied to the fatal injury or illness. We collect itemized bills, insurance explanations of benefits, and provider affidavits to prove the full amount owed.
Funeral and Burial Costs
Reasonable funeral, burial/cremation, memorial, and transportation expenses. We coordinate with service providers to ensure these immediate, often overwhelming costs are included in the claim.
Loss of Financial Support
The income, benefits, and retirement contributions your loved one would have provided over their expected work life. We use earnings records and economic experts to project future support, accounting for raises, inflation, and benefits.
Loss of Companionship, Guidance, and Household Services
Compensation for what can’t be replaced: love, society, parental guidance, and the everyday services a spouse or parent provided (childcare, home maintenance, scheduling, care for relatives). Personal statements help us convey these profound losses to insurers and juries.
Pain and Suffering of the Deceased (If Applicable)
When supported by the medical evidence, the estate may recover for conscious pain and suffering your loved one experienced before passing. We rely on medical testimony, records, and witness accounts to establish this component.
FAQ: Wrongful Death in Michigan (Berkley, MI)
Can multiple parties be liable in a wrongful death claim?
Yes. Responsibility can be shared among drivers, employers, property owners, product manufacturers, medical providers, or others whose negligence contributed to the death. We identify all at-fault parties and their insurers to maximize the recovery for your family.
How are wrongful death settlements distributed to family members?
Michigan requires court approval. The Personal Representative proposes an allocation to eligible beneficiaries (spouse, children, parents, and others who suffered loss). The court reviews objections (if any) and issues an order of distribution. We prepare the plan, notices, and hearing so the process is smooth and transparent.
What evidence helps most in a Michigan wrongful death case?
Key proof includes police/incident reports, medical and autopsy records, photos/video, witness statements, employment and wage records, and documentation of the decedent’s household services and guidance. We also use experts (accident reconstruction, medicine, economics) to establish fault and full damages.
What’s the difference between a criminal case and a wrongful death lawsuit?
A criminal case seeks to punish the wrongdoer (handled by the prosecutor) and requires proof beyond a reasonable doubt. A wrongful death lawsuit is a civil action brought by the estate, seeking compensation for the family with a lower proof standard (preponderance of the evidence). One can proceed regardless of the other.
Will filing a wrongful death claim require family members to testify in court?
Not always. Many cases resolve before trial. If testimony is needed, we prepare you thoroughly and can request accommodations (e.g., video depositions) to minimize stress. Our goal is to protect your family while pursuing justice—Your Rights First.
Contact Berkley Wrongful Death Lawyers Today – Free Consultation
When you’re ready to talk, we’re here—compassionately, clearly, and with Your Rights First.
Call: 248-584-1300 • Toll-Free: 1-855-LISS-LAW (547-7529)
Visit: Liss, Shapero & Mitnick, 2695 Coolidge Highway, Berkley, MI 48072
Hours: Mon–Fri, 9:00 AM–5:00 PM (after-hours by appointment)
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No upfront fees. We work on contingency—you don’t pay attorney fees unless we recover. As Berkley’s Community Law Firm, let us handle the legal burden while you focus on your family.