Filing a Wrongful Death Lawsuit in Michigan After a Fatal Car Accident
Losing a loved one in a car accident is one of the most devastating experiences any family can face. When the death is caused by another driver’s careless or reckless behavior, that pain is compounded by the knowledge that the tragedy could have been prevented. As personal injury attorneys serving families throughout Michigan, we understand the weight of that grief and the urgency to seek justice. A wrongful death lawsuit allows surviving family members to pursue compensation for their losses and hold negligent parties accountable.
Michigan law gives you the right to pursue a civil claim when someone’s wrongful act, negligence, or failure to act leads to the death of another person. These cases are not just about recovering money, they are about making sure families have the resources they need to move forward and honoring the memory of those who were taken too soon. If you are considering filing a wrongful death lawsuit after a fatal car accident, there are important legal rules and deadlines to understand before taking action.
Understanding Michigan’s Wrongful Death Statute
Michigan’s wrongful death law is governed by the Michigan Compiled Laws (MCL) Section 600.2922. This statute allows certain surviving family members to file a lawsuit when a death is caused by someone else’s wrongful conduct. The personal representative of the deceased person’s estate must bring the claim on behalf of the surviving family members, which may include a spouse, children, parents, siblings, and others who were financially dependent on the deceased.
Wrongful death lawsuits may arise from fatal accidents caused by distracted driving, speeding, drunk driving, reckless driving, or defective auto parts. To win the case, we must show that the other driver or party acted negligently or unlawfully, and that their actions directly caused the death.
Damages That May Be Recovered In A Wrongful Death Case
Under MCL 600.2922(6), the types of compensation available in a Michigan wrongful death case may include:
- Funeral and burial expenses
- Medical expenses related to the final injury
- Pain and suffering experienced by the deceased before death
- Loss of financial support the deceased would have provided
- Loss of companionship, love, guidance, and society
Each case is different, and we work closely with surviving families to assess the full impact of their loss, financially and emotionally. These damages are paid to the appropriate surviving family members as determined by the probate court.
How The Statute Of Limitations Affects Your Claim
Michigan’s statute of limitations for filing a wrongful death lawsuit is typically three years from the date of the person’s death. This deadline is outlined in MCL 600.5805(2). However, wrongful death cases arising from car accidents may also involve claims under Michigan’s No-Fault insurance system. That adds additional deadlines, including one-year deadlines to file certain benefits claims with insurers.
Missing a legal deadline can prevent your case from moving forward. That’s why we always encourage families to speak with an attorney as soon as possible, even if they are still processing their grief. Early legal guidance can protect your rights and strengthen your claim.
How Michigan’s No-Fault Law Impacts Fatal Accident Cases
Michigan’s No-Fault insurance system requires every driver to carry Personal Injury Protection (PIP) benefits, which generally cover medical expenses, lost wages, and replacement services. In fatal accident cases, No-Fault benefits may also provide survivor’s loss benefits to certain family members.
However, No-Fault benefits do not prevent a family from filing a wrongful death lawsuit against an at-fault driver for noneconomic damages. If the at-fault driver caused the crash through negligence or a violation of traffic laws, they can still be sued for damages beyond what No-Fault covers.
The Role Of The Personal Representative In Wrongful Death Lawsuits
Only the personal representative of the deceased’s estate has legal standing to file a wrongful death lawsuit in Michigan. This person may be named in the deceased’s will or appointed by the probate court. Once the lawsuit is filed, a notice must be sent to all potential beneficiaries, and the court will later decide how the settlement or jury award is distributed among eligible family members.
We help families through this process from start to finish, from opening the estate in probate court to ensuring all legal notices and filings are properly handled.
Fatal Car Accident Claim Frequently Asked Questions
Who Can File A Wrongful Death Lawsuit After A Fatal Car Accident In Michigan?
Only the personal representative of the deceased’s estate can file the lawsuit. However, the damages recovered in the lawsuit are distributed to surviving family members such as a spouse, children, parents, or others who were financially dependent on the deceased.
How Long Do I Have To File A Wrongful Death Claim In Michigan?
You generally have three years from the date of death to file a wrongful death lawsuit, but certain insurance-related claims must be filed within one year. Delays can affect your legal rights, so it’s important to consult with an attorney as soon as possible.
Can We Still Sue If The Other Driver Was Not Charged With A Crime?
Yes. A wrongful death lawsuit is a civil case, not a criminal case. You do not need a criminal conviction to pursue damages. Civil cases only require proof by a preponderance of the evidence, which is a lower standard than in criminal court.
What Types Of Compensation Can We Receive In A Wrongful Death Case?
Compensation may include funeral expenses, medical bills, lost income the deceased would have earned, pain and suffering, and loss of care, companionship, and support. We work to document the full scope of your losses to seek the maximum recovery possible.
How Do No-Fault Insurance Benefits Work After A Fatal Car Accident?
Michigan No-Fault insurance may provide limited survivor’s loss benefits to eligible family members, including lost income and replacement services. However, these benefits do not cover pain and suffering or long-term emotional loss, which can be sought through a wrongful death lawsuit.
Can We File A Lawsuit If The At-Fault Driver Was Uninsured?
Yes. You may still file a wrongful death claim against an uninsured driver, and in some cases, recover compensation through your own uninsured motorist coverage. We evaluate all insurance options available to pursue the compensation your family is owed.
Do We Need To Go To Court To Recover Compensation?
Not always. Many wrongful death claims are resolved through negotiated settlements, but we are always prepared to take the case to court if needed. Our goal is to protect your rights and secure full compensation through the most effective legal path.
Call Ravid & Associates, P.C. For Help With A Fatal Car Accident Claim In Michigan
If your loved one was killed in a Michigan car accident, we’re here to help you understand your legal options and seek justice. We work with families across the state to pursue compensation and accountability after a tragic loss.
We represent clients in Detroit and throughout the state of Michigan from our office locations in Southfield. Contact our Detroit fatal car accident attorney at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We can help your family move forward with strength and legal support.
