Losing a loved one is always devastating but when that loss is caused by someone else’s negligence, the grief is often compounded by anger, confusion, and questions that don’t have easy answers.
If your family is facing this kind of tragedy, you may be wondering whether you have legal options, who can take action, and what kind of compensation may be available. In Michigan, a wrongful death lawsuit allows surviving family members to pursue justice and financial relief when someone dies due to another person’s careless or reckless behavior.
This guide explains how wrongful death claims work in Lansing, from who can file to what damages are available, so you can make informed decisions during one of the most difficult times of your life.
What Is Considered a Wrongful Death in Michigan?
Under Michigan law, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. These lawsuits are civil, not criminal, which means they’re focused on financial compensation rather than punishment or jail time. Some of the most common causes of wrongful death claims in Michigan include:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice and surgical errors
- Workplace accidents
- Defective products
- Dangerous property conditions (like falls or fires)
To qualify as a wrongful death case, the situation must meet the legal standard of negligence. That means the responsible party owed a duty of care, breached that duty, and that breach directly caused the death. Wrongful death claims in Michigan are completely separate from criminal charges like manslaughter or homicide. You can still pursue a civil case even if no one is arrested or convicted and you can recover compensation regardless of what happens in the criminal courts.
Who Can File a Wrongful Death Claim in Lansing?
In Michigan, wrongful death claims aren’t filed directly by the family. Instead, they must be initiated by the personal representative of the deceased’s estate. This person acts on behalf of all surviving family members who are legally entitled to compensation. If there’s no named representative in a will, the probate court can appoint someone—typically a close relative. Once appointed, that representative files the claim, and any settlement or verdict is distributed among the eligible survivors. Here’s a breakdown of who may benefit from a wrongful death lawsuit and how each person fits into the legal process:
👥 Eligible Family Member | ⚖️ Legal Role in the Case | 📝 Notes |
---|---|---|
💍 Spouse | Typically first in line to recover damages | May also act as personal representative |
👶 Children | Beneficiaries through the estate | Includes biological and adopted children |
👨👩👧 Parents | Eligible if no spouse or children survive | Common in adult child wrongful death cases |
👯 Siblings | May recover if no closer relatives exist | Less common but still possible |
🧾 Personal Representative | Files the official claim on behalf of survivors | Must be approved by probate court |
How Long Do You Have to File a Wrongful Death Claim in Lansing?
In Michigan, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the person’s death. This deadline applies to most cases involving negligence, including fatal car crashes, medical malpractice, and other accidents. However, there are exceptions:
- If the death resulted from medical malpractice, the timeline may depend on when the injury was discovered.
- If the at-fault party is a government agency, shorter notice deadlines may apply under the Michigan Court of Claims Act.
- If the case involves a minor child, different filing rules may apply for certain damages.
Even if three years seems like a long time, it’s best not to wait. Evidence disappears, witnesses move, and the emotional toll can make legal tasks harder to manage later. Early action gives your attorney time to investigate, secure documentation, and build the strongest possible case. If you’re unsure how much time you have left to act, speak with a Lansing wrongful death attorney as soon as possible. It could mean the difference between closure and losing your right to compensation.
How a Wrongful Death Lawyer Can Help Your Family
When you’re grieving, the last thing you should worry about is legal paperwork, insurance negotiations, or court deadlines. That’s where a wrongful death attorney can make a meaningful difference. An experienced lawyer will:
- Investigate the cause of death to determine if negligence was involved
- Identify all liable parties, whether it’s a driver, doctor, property owner, or business
- Handle probate and legal filings to ensure everything is done correctly
- Document losses and damages from income and funeral costs to emotional grief
- Negotiate with insurers and take the case to court if necessary
At The Clark Law Office, we provide compassionate, one-on-one legal support for families across Lansing who are dealing with unimaginable loss. We don’t pass your case to associates or treat you like a number, we’re here to fight for real results and real accountability. Contact a personal injury lawyer from The Clark Law Office to learn more how we help grieving families pursue justice.
Frequently Asked Questions About Wrongful Death Claims in Lansing
What qualifies as a wrongful death in Michigan?
A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional actions. This can include fatal crashes, medical errors, unsafe property conditions, or product defects.
How is a wrongful death lawsuit different from criminal charges?
Wrongful death cases are civil lawsuits. They seek financial compensation for the family—not jail time. You can file a civil claim even if there are no criminal charges or convictions.
Do I have to be a spouse or child to file a claim?
No. The claim is filed by the personal representative of the estate, but eligible family members may include spouses, children, parents, and sometimes siblings—depending on the situation.
What damages can be recovered in a wrongful death case?
You can pursue damages for medical bills, funeral costs, lost income, pain and suffering before death, and the loss of companionship, guidance, or support.
How much does it cost to hire a wrongful death lawyer?
Most wrongful death lawyers, including our team at The Clark Law Office, work on a contingency fee basis—meaning you don’t pay unless we win your case.