Michigan Wrongful Death Claim Denied? Legal Steps for Families
AsDetroit wrongful death lawyers, we understand that losing a loved one is devastating, and dealing with an insurance company that refuses to pay only deepens that pain. Families file wrongful death insurance claims expecting fair treatment, but many encounter unnecessary denials or endless delays. Whether the claim involves an auto accident, workplace incident, or other fatal injury, Michigan law provides essential protections for families who have lost someone due to negligence. When an insurance company denies a valid wrongful death claim, it may be acting in bad faith, and the family has legal options to fight back and secure the compensation they deserve.
Understanding Wrongful Death Insurance Claims In Michigan
A wrongful death occurs when someone’s negligent, reckless, or intentional act causes another person’s death. Under Michigan Compiled Laws § 600.2922, the personal representative of the deceased’s estate can bring a wrongful death lawsuit on behalf of surviving family members, such as a spouse, children, parents, or siblings.
Insurance plays a critical role in these claims. In car accident cases, the claim often involves auto liability coverage under Michigan’s no-fault insurance laws. In other cases, such as premises liability, product defects, or workplace negligence, the claim may fall under commercial general liability, homeowner’s insurance, or an employer’s coverage. These policies are designed to provide financial recovery for funeral expenses, medical costs, and the emotional and economic losses suffered by the family.
When an insurance company denies such a claim without valid grounds, the family’s financial security and access to justice are put at risk.
Common Reasons Insurance Companies Deny Wrongful Death Claims
Insurance carriers often deny claims using reasons that sound technical but are aimed at minimizing payouts. Common excuses include:
- Disputing Liability – The insurer may claim the policyholder was not at fault or that the deceased contributed to the accident.
- Policy Exclusions – Some denials cite alleged policy exclusions that do not apply to the facts of the case.
- Lapsed or Canceled Coverage – Carriers sometimes argue that the policy was not in effect when the fatal incident occurred.
- Failure to Provide Timely Notice – Insurers often deny claims by asserting that the estate failed to notify them within the required timeframe.
- Misrepresentation or Technical Errors – Even minor clerical mistakes can be used as a pretext to deny payment.
While insurers have the right to investigate claims, they must do so honestly and in good faith. If a company unreasonably denies, delays, or undervalues a wrongful death claim, it may be violating Michigan’s Unfair Trade Practices Act under MCL § 500.2026, which prohibits insurers from refusing to pay claims without conducting a reasonable investigation.
Legal Options For Families After A Wrongful Death Claim Denial
Families do not have to accept an insurance company’s decision as final. Under Michigan law, the estate’s personal representative has the right to appeal the denial, demand reconsideration, or file a civil lawsuit against both the negligent party and, in some cases, the insurer.
When an insurer’s conduct rises to the level of bad faith, meaning it knowingly or recklessly denies a valid claim, the family may pursue damages beyond the policy limits. Courts in Michigan recognize that insurance companies owe their insureds and beneficiaries a duty of good faith and fair dealing. If they violate that duty, the insurer can be ordered to pay the claim plus additional damages, interest, and attorney’s fees.
As attorneys, we carefully review the policy language, denial letters, and claim correspondence to determine whether the insurer had a legitimate reason to deny payment. We then pursue all available legal remedies to hold the company accountable and recover the full value of the wrongful death claim.
Damages Recoverable In Michigan Wrongful Death Claims
Under MCL § 600.2922(6), damages in a wrongful death action may include:
- Medical and hospital expenses related to the final injury or illness.
- Funeral and burial expenses.
- Loss of financial support and future income.
- Loss of companionship, care, and guidance.
- The decedent’s pain and suffering prior to death.
When insurance companies deny rightful claims, they are effectively denying these essential benefits to families who depend on them to rebuild their lives. Michigan law gives those families the right to seek full and fair compensation through litigation if necessary.
Why Families Should Seek Legal Representation Immediately
Wrongful death claims involve strict procedural requirements and complex policy interpretations. Insurers have teams of lawyers protecting their interests; families deserve the same level of advocacy. Our firm investigates the cause of death, reviews insurance policies, and identifies all potential sources of recovery, whether from an at-fault driver, employer, property owner, or insurance company acting in bad faith.
Under MCL § 600.5805(2), wrongful death actions must generally be filed within three years of the date of death. Failing to act within this timeframe may permanently bar the family’s right to recover. That is why early legal intervention is essential.
FAQs on Denied Michigan Wrongful Death Insurance Claims
What Should Families Do If A Wrongful Death Claim Is Denied By The Insurance Company?
The first step is to request the insurer’s denial letter in writing and review the stated reason for denial. Many denials rely on policy misinterpretations or incomplete investigations. Families should contact an experienced wrongful death attorney immediately to evaluate whether the denial violates Michigan insurance laws. Our team examines every detail to determine if the insurer acted in bad faith under MCL § 500.2026 and to pursue legal remedies to secure compensation.
Can An Insurance Company Be Sued For Wrongfully Denying A Claim?
Yes. If an insurer unreasonably denies or delays payment, it may be liable for breach of contract and bad faith. In some cases, punitive damages may be available. Michigan courts have consistently held that insurers must treat claimants fairly and cannot use deceptive practices to avoid paying legitimate claims.
What Types Of Damages Can Be Recovered After A Wrongful Death Denial?
Once the underlying liability is established, families can recover damages for medical bills, funeral costs, loss of income, loss of companionship, and the decedent’s conscious pain and suffering before death under MCL § 600.2922(6). If the denial itself was made in bad faith, additional damages for emotional distress and attorney’s fees may also be pursued.
How Long Does A Family Have To File A Wrongful Death Lawsuit In Michigan?
Under MCL § 600.5805(2), families generally have three years from the date of death to file a wrongful death lawsuit. However, insurance claims should be filed as soon as possible to prevent delays or denials based on late notice. Acting quickly ensures that vital evidence, such as policy records, accident reports, and medical documentation, is preserved.
Why Do Insurance Companies Deny Valid Wrongful Death Claims?
Insurers often deny claims to protect their financial interests. They may argue that the policyholder was not covered, that the deceased was partly at fault, or that the policy exclusions apply. Our attorneys challenge these tactics by presenting evidence of negligence and showing that the denial violates the insurer’s duty of good faith and fair dealing under Michigan law.
Call Ravid & Associates, P.C. For Help With Denied Wrongful Death Insurance Claims
At Ravid & Associates, P.C., we understand how emotionally and financially devastating it can be when a wrongful death insurance claim is denied. Our attorneys fight to ensure that families receive the justice and compensation they are owed under Michigan law.
If your family’s wrongful death claim was denied or delayed, contact our Detroit wrongful death attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our firm represents clients in Detroit and throughout the entire state of Michigan from our offices located in Southfield, Michigan.
