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Michigan Wrongful Death Lawyer
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Losing a family member in a crash is hard enough without a stack of legal questions landing in the same week. Families are often asked to think about lawyers, insurance, and court deadlines while they are still planning a funeral. Most have never dealt with any of this before, and the answers are rarely obvious.
The pressure does not wait for grief to ease. The at-fault driver’s insurer may reach out within days, sometimes with an offer that sounds helpful but settles for far less than the loss is worth. Michigan sets firm deadlines on these claims, and a family that waits too long can lose the right to recover anything at all. The case itself runs on two separate tracks at once, and handling only one of them can leave real money unclaimed.
A Michigan wrongful death lawyer who handles both of those tracks can take that weight off the family. Harris Altman, PC represents families across Michigan’s lower peninsula after fatal motor vehicle accidents, managing both the no-fault survivor benefits claim and the civil wrongful death lawsuit against the at-fault party. Our attorneys have handled personal injury and wrongful death claims in Michigan for years, and we file lawsuits in cases that other firms turn down. If your family is facing this, you can reach us at 248-540-3100 or through our contact form for a free consultation.
Why Families Choose Harris Altman, PC for Wrongful Death Claims
Choosing who will handle a wrongful death claim is a decision most families never expected to make. What matters in that moment is finding a firm that can carry the legal side of things while you tend to your family and one that treats the case as more than a file number.
That is how we work with families across Michigan after a fatal crash. A fatal motor vehicle accident creates two claims at the same time: a no-fault survivor benefits claim through the insurance system and a separate lawsuit against the party who caused the death. Many firms work only one of those. We handle both, and we file suit when an insurer refuses to deal fairly.
We work on a contingency fee, which means there is no fee unless we recover compensation for you, and consultations are free. In one motor vehicle case that resulted in the death of a passenger, we recovered $1.25 million for the family, including $1 million the at-fault driver’s car club paid above the driver’s own policy limits.
Past results do not guarantee future outcomes.
Client Testimonials
“I cannot say enough about Brad Harris and his team. They helped me through some rough years and I thank all of them for their compassion and patience. I will highly recommend them to anyone who may need their help.” — Cheryl G.
“Very good people to work with.They were there every step of the way and getting me everything they could to help.I am extremely appreciative of everything you all have done!..thank you for your excellent service!” — Nicholas S.
“Brad Harris kept in touch, and never gave up. Five years later, he is now considered family. I would refer anyone to him as a lawyer.” — Carmen F.
Meet Your Michigan Wrongful Death Lawyers
What Is a Wrongful Death Claim in Michigan?
For most families, the legal definition is not the first thing on their minds, but it shapes everything that follows. Under Michigan law, a death is wrongful when it results from another party’s negligent, reckless, or wrongful act and when the person who died would have been able to bring a personal injury claim had they survived. That definition comes from MCL 600.2922, the Michigan Wrongful Death Act.
In plain terms, if someone else caused the crash and your loved one could have sued for their injuries, the family can pursue that same claim through the estate. A wrongful death case is a civil matter, which is entirely separate from any criminal charges the state may bring against the at-fault party.
Common Causes of Wrongful Death in Michigan
In Michigan, wrongful death claims often follow crashes on the state’s roads. When a vehicle is involved, the same no-fault rules and liability questions that apply to injury cases also apply when the injuries are fatal. Common causes include:
- Car accidents, including high-speed and intersection collisions.
- Truck accidents involving commercial vehicles and their insurers.
- Motorcycle accidents, where riders face a higher risk of fatal injuries.
- Pedestrian accidents, often at crosswalks and in parking lots.
- Bicycle accidents involving cars or trucks.
Each of these can support a wrongful death claim when another party’s negligence caused the death. The type of vehicle and the parties involved affect how the claim is built and which insurance coverage applies.
Who Can File a Wrongful Death Lawsuit in Michigan?
One of the first questions families ask is who actually has the right to bring the case. In Michigan, the answer is more limited than it might seem. Under MCL 600.2922(2), only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. No individual family member, not even a spouse or a parent, files the claim directly.
The personal representative is usually the person named in the deceased’s will. If there is no will, the probate court appoints one, often a close family member. That representative acts on behalf of everyone who may be entitled to recover.
The people who can share in a recovery are set out in the statute. They include:
- The spouse, children, descendants, parents, grandparents, and siblings of the deceased.
- The children of the deceased’s spouse.
- Anyone named to inherit under the deceased’s will.
More than one family member can share in the proceeds of a single claim, and the amount each person receives depends on the loss they suffered.
How Does Michigan’s Wrongful Death Statute Work?
Once a personal representative is in place, the wrongful death process follows a set path under Michigan law. The representative files the lawsuit in civil court against the party who caused the death. Within 30 days of starting the case, the representative has to give written notice to the family members who may be entitled to a share of any recovery so that everyone with a potential claim knows the case exists.
Those family members then have a window to tell the representative’s attorney about facts that affect their individual losses, such as how much they depended on the person who died. When the case resolves, the settlement does not simply get paid out. The probate court reviews it, holds a hearing, and decides how the money is divided among the family members and the estate based on the loss each one suffered.
This court approval step protects everyone involved, including children and other family members who cannot speak for themselves. It also means a family benefits from working with an attorney who understands both the civil case and the probate process that runs alongside it.
What Damages Are Available in a Michigan Wrongful Death Case?
Families want to understand what a wrongful death claim can actually recover, and Michigan law gives a specific list. Under MCL 600.2922(6), the damages available in a wrongful death case include:
- Reasonable medical, hospital, funeral, and burial expenses that the estate is responsible for.
- Compensation for the conscious pain and suffering the person experienced between the injury and death.
- The loss of financial support the family would have received from the person who died.
- The loss of the society and companionship of the person who died, which covers the relationship, guidance, and presence the family has lost.
Michigan courts treat this list as the complete set of damages a wrongful death claim can recover. A recent Michigan Supreme Court decision confirmed that damages in a wrongful death case must fit within the categories allowed by Michigan’s Wrongful Death Act. Loss of the deceased person’s future earning capacity is not separately recoverable unless it is tied to financial support the deceased would have provided to an eligible beneficiary.
Michigan does not apply a damages cap to wrongful death claims arising from ordinary motor vehicle accidents, so the recovery reflects the actual losses the family can prove. Because pain and suffering and loss of companionship are harder to put a number on than medical bills, how those damages are presented can have a real effect on the result.
How Long Do You Have to File a Wrongful Death Claim in Michigan?
Time is one of the most important factors in a wrongful death case, and the deadlines are easy to misread. Michigan does not have a separate filing deadline written just for wrongful death. Instead, the claim follows the statute of limitations for the underlying injury. For a death caused by a motor vehicle crash, that period is generally three years from the date of the injury, set by MCL 600.5805.
There is one provision that can give a family more time. The wrongful death saving statute, MCL 600.5852, lets the personal representative file within two years after the probate court issues letters of authority. That extra time is not open-ended. It can never push the deadline more than three years past the point the regular limitations period would have ended.
Missing the deadline usually means the claim is gone for good, no matter how strong it was. In the meantime, the at-fault driver’s insurer may contact the family early, sometimes before anyone has had a chance to speak with a lawyer. Getting the timing right at the start protects the family’s options later.
What Happens If the At-Fault Party Was Also Criminally Charged?
When a death involves a drunk driver or other reckless conduct, the state may file criminal charges against the person responsible. The criminal case and the family’s wrongful death claim are two separate proceedings, even when they come out of the same event. A criminal prosecution exists to punish the offender. A wrongful death case exists to compensate the family for what it lost.
A criminal conviction can help a civil wrongful death claim, because it establishes facts about what happened. It is not required, though. Even if the at-fault party is found not guilty in criminal court, the family can still bring a wrongful death claim.
The difference comes down to the standard of proof. A criminal conviction requires proof beyond a reasonable doubt, the highest standard in the law. A civil wrongful death claim requires only a preponderance of the evidence, meaning it is more likely than not that the other party caused the death. That lower standard is one reason a civil claim can move forward even when a criminal case does not end in a conviction.
How Does Michigan’s No-Fault Law Affect a Wrongful Death Case?
Because the death came out of a motor vehicle crash, Michigan’s no-fault insurance system adds a second source of recovery that has nothing to do with the lawsuit against the at-fault driver. Michigan is a no-fault state, which means certain benefits are paid through insurance regardless of who caused the motor vehicle accident.
After a fatal accident, the dependents of the person who died may qualify for survivor’s loss benefits under MCL 500.3108. These benefits replace the financial support the family would have received from their loved one, and they can also cover up to $20 per day for the everyday services the person used to handle, such as childcare or home upkeep. The benefits are payable for up to three years after the accident, and the total is subject to a monthly maximum that the state adjusts each year. Funeral and burial costs are covered separately under MCL 500.3107(1)(a).
These no-fault survivor benefits and the third-party wrongful death lawsuit run on two separate tracks under the Michigan No-Fault Act. Many firms pursue only one of them. We handle both at the same time, so a family does not have to choose between the benefits it is owed now and the larger claim that takes longer to resolve.
What to Do After Losing a Loved One in a Fatal Accident in Michigan
In the weeks after a fatal accident, a few practical steps can protect a family’s legal options without adding to the burden of grief. None of this has to happen all at once, and a lawyer can handle most of it once the family is ready.
A few things tend to matter most:
- Request a certified copy of the death certificate, which the estate and the insurer will need.
- Keep accident-related documents together, including the crash report, medical records, and any letters from insurance companies.
- Try to avoid giving a recorded statement to the at-fault party’s insurer before speaking with a lawyer, since early statements can be used to reduce a claim.
- Speak with a Michigan wrongful death attorney while the deadlines and evidence are still fresh.
The at-fault driver’s insurer may reach out quickly after a fatal crash, sometimes with sympathy and an early offer in the same conversation. There is no rush to respond. Taking time to understand what the claim is worth almost always serves the family better than a fast answer.
Contact Harris Altman, PC for a Free Wrongful Death Consultation
Families dealing with a fatal motor vehicle accident in Michigan are often handling a probate process, an insurance claim, and a wrongful death case at the same time, usually for the first time. Harris Altman, PC works on both the no-fault survivor benefits side and the third-party wrongful death claim, so families do not have to keep those pieces straight on their own. Consultations are free, and we work on a contingency fee, with no fee unless we recover compensation for the family.
If your family has lost someone in a crash that another party caused, we can review the case and explain the options. You can reach us at 248-540-3100 or through our contact form. From the first conversation, Harris Altman, PC handles both sides of the claim so your family can focus on each other.
