Who Can File a Wrongful Death Lawsuit in Michigan

In Michigan, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. Individual family members — including a surviving spouse, children, or parents — cannot file the lawsuit in their own names. This requirement is established by MCL 600.2922 and applies to all wrongful death claims in the state, regardless of the underlying cause of death. If you have lost a loved one due to someone else's negligence, understanding who qualifies as the personal representative and how the process works is the essential first step.

The Personal Representative's Role

The personal representative is the individual appointed to manage the deceased person's estate. In a wrongful death case, this person acts on behalf of the estate and the surviving family members. Their responsibilities include:

• Filing the wrongful death lawsuit in circuit court.
• Working with the wrongful death attorney to investigate the claim, gather evidence, and build the case.
• Making decisions about settlement offers in consultation with the attorney and the family.
• Distributing any recovery to the eligible beneficiaries according to the court's instructions.

The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This is a position of trust and responsibility.

Who Qualifies as Personal Representative

There are two main paths to becoming the personal representative of a deceased person's estate:

• Named in the will. If the deceased person left a will that names an executor, that person is typically appointed as the personal representative by the probate court.
• Appointed by the probate court. If there is no will, or if the named executor is unable or unwilling to serve, the probate court will appoint a personal representative. Michigan law establishes a priority order for appointment. The surviving spouse generally has the highest priority, followed by other heirs and family members.

If no one has yet been appointed as personal representative, a family member can petition the probate court for appointment. A Michigan wrongful death attorney can assist with this process and ensure the appointment happens promptly so the lawsuit can be filed within the applicable deadline.

What Damages Can Be Recovered

Under MCL 600.2922, a wrongful death lawsuit in Michigan can seek compensation for several categories of damages on behalf of the estate and the surviving family members:

• Loss of financial support. The income and financial contributions the deceased would have provided to their family over the course of their remaining life expectancy.
• Loss of companionship and society. Compensation for the emotional and relational losses suffered by the surviving spouse, children, parents, and other dependents. This includes loss of love, comfort, guidance, and consortium.
• Medical expenses. Reasonable medical costs incurred in treating the deceased person's injuries prior to death.
• Funeral and burial expenses. The reasonable costs of the funeral, burial, or cremation.
• Pain and suffering of the deceased. If the deceased experienced conscious pain and suffering between the time of the injury and the time of death, the estate can seek compensation for that suffering.
• Loss of inheritance. The value of the estate that the deceased would have accumulated and passed on to heirs had they lived a full life.

The Filing Deadline

Under MCL 600.2922(1), a wrongful death lawsuit must be filed within three years of the date of the deceased person's death. This is a firm deadline. If the lawsuit is not filed within three years, the court will dismiss the case and the family will lose the right to pursue compensation.

There are limited exceptions to the three-year deadline. For example, if the wrongful death was caused by a government entity, a notice of intent to file a claim must be submitted within six months. Medical malpractice wrongful death cases have their own specific procedural requirements, including a notice of intent to sue that must be sent before filing.

Because of these strict deadlines, it is important to consult with an attorney as soon as possible after a loved one's death.

Common Situations Leading to Wrongful Death Claims

Wrongful death lawsuits in Michigan arise from a wide range of circumstances. Some of the most common include:

• Motor vehicle accidents. Fatal crashes caused by distracted driving, drunk driving, speeding, or other negligent behavior.
• Medical malpractice. Deaths resulting from surgical errors, misdiagnosis, delayed treatment, medication mistakes, or other failures in medical care.
• Workplace accidents. Fatal injuries on construction sites, in factories, or in other work environments where safety protocols were inadequate.
• Premises liability. Deaths caused by unsafe property conditions, such as structural failures, fires, or unaddressed hazards.
• Product liability. Deaths caused by defective or dangerous products, including vehicles, machinery, medications, and consumer goods.
• Dog attacks. In rare but tragic cases, fatal dog attacks can give rise to wrongful death claims under Michigan's strict liability dog bite statute.

Next Steps for Families

If you have lost a loved one due to someone else's negligence or wrongful conduct, here is what you should do:

• Preserve evidence. Keep any documents, photos, medical records, police reports, or other materials related to your loved one's injury and death.
• Identify the personal representative. Determine whether a personal representative has been appointed for the estate. If not, work with an attorney to petition the probate court for appointment.
• Consult a wrongful death attorney. A Michigan wrongful death lawyer can evaluate your case, explain your legal options, and guide you through the process from start to finish.
• Be mindful of deadlines. The three-year filing deadline may seem far off, but building a wrongful death case takes time. Acting early ensures that evidence is preserved and the case is thoroughly prepared.

At Baldori Law, we understand the pain of losing a family member and the difficulty of thinking about legal matters during such a time. We are here to help. Contact us for a free, confidential consultation to discuss your family's situation and learn about your options.