If you have lost a loved one due to another’s negligence, you may be entitled to compensatory damages. Our Detroit wrongful death lawyers can help you file the claim and recover compensation without losing valuable time. Filing for compensation is also a way of holding a negligent party accountable, which is why acting promptly matters.
Michigan has a specific set of laws that govern wrongful death claims. Even if you are eligible, you must meet the requirements laid out in these laws to receive damages. Here at TORKLAW, our attorneys help you understand these legal requirements and guide you through the process. However, it’s still important for you to know the basics of wrongful death lawsuits. Here’s a quick look at these.
WHAT IS WRONGFUL DEATH?
A wrongful death is defined as the death of someone caused by the negligence of another person, business, company or entity. Such negligence may be accidental or intentional. For instance, if a patient dies after a misdiagnosis, the entity responsible for the diagnosis may be held responsible. Similarly, if a company-owned vehicle hit and killed another driver, the driver’s family can sue the company for negligence.
A wrongful death lawsuit is essentially a civil lawsuit. This means that it exclusively deals with your right to receive compensation for the loss of your loved one. If a death was intentionally caused, criminal proceedings may be separately launched against the guilty party. However, the wrongful death lawsuit can be filed in the case of both intentional and accidental deaths.
WHEN SHOULD YOU FILE A WRONGFUL DEATH CLAIM?
You should consider filing a wrongful death lawsuit as soon as practicable after the death of a loved one due to negligence. One purpose of such a lawsuit is to hold the responsible party accountable, ensuring that the negligence is publicly acknowledged and that similar tragedies may be prevented in the future.
Another key aspect of wrongful death claims is the economic support for surviving family members. Once negligence is proved, dependent family members can recover damages for financial losses, including lost income, medical expenses, funeral and burial costs, and emotional loss. Our Detroit wrongful death lawyers work to help you seek the maximum amount of damages available under Michigan law.
MICHIGAN’S STATUTE OF LIMITATIONS FOR WRONGFUL DEATH
Michigan law generally requires that wrongful death lawsuits be filed within three years from the date of death, under the general personal injury statute of limitations. This is outlined in Michigan Compiled Laws § 600.5805, which specifies that most personal injury and wrongful death actions must be initiated within three years of the death or injury.
For claims involving medical malpractice or professional negligence, a two‑year filing deadline typically applies under the same general statute.
There are also exceptions that can affect the deadline, such as tolling provisions or extensions when a personal representative is appointed. For example, under Michigan’s statute MCL § 600.5852, if the victim dies just before or shortly after the original limitation period, the personal representative may still have time to file the action within a specified extension period.
Because these deadlines are complex and strictly enforced, it’s critical to consult an attorney early to ensure you don’t miss your opportunity to file.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
Michigan’s wrongful death statute (MCL § 600.2922) outlines who may pursue recovery after a wrongful death. In general, the following individuals may have standing to participate in or benefit from the lawsuit:
- The spouse, children, descendants, siblings, parents, or grandparents of the deceased.
- If none of these survive, the person who would legally inherit the deceased’s estate may file.
- The children of the deceased’s spouse may also have rights.
- If the deceased left a will, named devisees may qualify.
- Beneficiaries of any living trust of the deceased may also be entitled, depending on the circumstances.
Because the law can be complex, especially when multiple family members are eligible, qualified Detroit wrongful death lawyers can help clarify who has priority and legal standing in your case.
HOW IS THE SETTLEMENT DISBURSED?
In Michigan, the allocation and distribution of settlement proceeds from a wrongful death lawsuit are often supervised by the court. The court may decide how damages are divided based on each claimant’s relationship to and dependency on the deceased. Survivors may agree among themselves on a distribution arrangement, but if they cannot, the court will make that determination before funds are disbursed.
WHY HIRE A DETROIT WRONGFUL DEATH LAWYER?
If you have suffered the loss of a loved one in Detroit due to negligence, it is your right to seek fair wrongful death damages. Filing a claim on your own is possible, but the legal requirements under Michigan law are detailed and strict. You’ll also face experienced defense attorneys representing the negligent party’s interests — which can put you at a disadvantage without strong legal counsel.
At TORKLAW, we understand how devastating the loss of a close loved one can be. That’s why we approach every case with compassion, dedication, and strategic legal skill. If you hire us, we strive to reduce your stress during the claims process and work hard to maximize the compensation you receive.
Reach out to us for a free, one‑on‑one consultation to discuss your potential lawsuit.