Wrongful Death Lawsuits in Michigan
Who can bring a wrongful death claim in Michigan, the deadline to file, and any limits on damages.
Short answer: The action must be brought by the personal representative of the estate. Those who may share in damages include the spouse, children, descendants, parents, grandparents, brothers and sisters (or, if none survive, those who would inherit under intestacy law), the children of the spouse… MCL 600.2922(2), (3), (5), (6)
| Who can sue for wrongful death | The action must be brought by the personal representative of the estate. Those who may share in damages include the spouse, children, descendants, parents, grandparents, brothers and sisters (or, if none survive, those who would inherit under intestacy law), the children of the spouse, and certain people named in the will. The court approves any settlement and decides how the proceeds are distributed after a hearing. Source: MCL 600.2922(2), (3), (5), (6) |
|---|---|
| Wrongful death deadline | Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran. Source: MCL 600.5805(2), 600.5852 |
| Damage caps | No general cap applies to all injury cases, but noneconomic damages are capped in medical malpractice and product liability cases (base amounts of $280,000, or $500,000 for the most serious injuries, adjusted annually by the State Treasurer for inflation). In a product liability case, the higher cap does not apply if the death or loss resulted from the defendant's gross negligence. In auto accident cases, noneconomic damages are available only for death, serious impairment of body function or permanent serious disfigurement. |
More Michigan personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Michigan
- Medical Malpractice Rules in Michigan
- Car Accident Claims in Michigan
- Dog Bite Liability in Michigan
- Slip, Trip and Fall Injuries in Michigan
- Sidewalk and Public Property Falls in Michigan
- Motorcycle Accident Claims in Michigan
- Bicycle Accident Claims in Michigan
- Truck Accident Claims in Michigan
- Construction Site Injuries in Michigan
- All Michigan personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Michigan?
The action must be brought by the personal representative of the estate. Those who may share in damages include the spouse, children, descendants, parents, grandparents, brothers and sisters (or, if none survive, those who would inherit under intestacy law), the children of the spouse, and certain people named in the will. The court approves any settlement and decides how the proceeds are distributed after a hearing.
How long do you have to file a wrongful death lawsuit in Michigan?
Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran.
Does Michigan cap damages in personal injury cases?
No general cap applies to all injury cases, but noneconomic damages are capped in medical malpractice and product liability cases (base amounts of $280,000, or $500,000 for the most serious injuries, adjusted annually by the State Treasurer for inflation). In a product liability case, the higher cap does not apply if the death or loss resulted from the defendant's gross negligence. In auto accident cases, noneconomic damages are available only for death, serious impairment of body function or permanent serious disfigurement.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.