When a loved one is killed in a car crash, the pain is immediate. But the legal aftermath can stretch on for months or even years. If the accident was caused by a negligent driver, your family may have the right to file a wrongful death claim under Michigan law. These claims allow you to seek compensation for the financial and emotional losses that follow a fatal crash, including funeral costs, loss of income, and the heartbreak of losing a spouse, parent, or child.
At The Clark Law Office, we understand what families are going through. Attorney Matthew R. Clark has represented people across Michigan after tragic, preventable crashes. Whether the at-fault driver was distracted, speeding, impaired, or reckless, we can help you take legal action, navigate the probate process, and pursue the full value of your claim.
When a Car Accident Becomes a Wrongful Death Claim
Not every fatal car crash leads to a wrongful death lawsuit. Under Michigan law, a wrongful death claim arises when someone dies as a result of another driver’s negligence, carelessness, or misconduct. That means the death must not only be tragic, but also legally actionable.
Some of the most common causes of fatal crashes in Michigan include distracted driving, drunk or drug-impaired driving, speeding, failure to yield, and reckless behavior. These types of conduct often show a clear breach of the duty every driver owes to others on the road.
To move forward with a wrongful death claim, your attorney will need to show that the at-fault driver caused the crash, and that the death would not have occurred if they had been driving responsibly. This is why immediate investigation and evidence collection are so important. Even a few days of delay can make it harder to preserve critical details that support the case.
Who Can File a Wrongful Death Claim After a Car Accident
In Michigan, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This person may be named in a will or appointed by the probate court. While only one individual can bring the claim, the damages may be distributed to several family members and dependents.
Under Michigan’s wrongful death statute, the following individuals may be entitled to compensation:
These claims are filed through the estate and often require coordination with both civil court and probate court. An experienced attorney can help ensure that your claim is filed correctly and that all eligible family members are included.
Proving Negligence in a Fatal Crash Case
To bring a successful wrongful death claim after a car accident, you must prove that the other driver was legally at fault. This involves showing four elements: duty, breach, causation, and damages. In simple terms, you need to establish that the driver had a responsibility to drive safely, failed in that duty, and caused the crash that led to your loved one’s death.
Some cases involve clear evidence of negligence, such as a drunk driver or someone who ran a red light. Others are more complex, requiring expert testimony, reconstruction reports, or witness statements to piece together what happened. In fatal crashes, every detail matters. Even minor factors like road conditions, visibility, and reaction time can become central issues in the case.
📊 Table 1: Common Evidence Used in Fatal Car Crash Claims
🚗 Real Case Example: $4.75M Settlement After a Fatal Truck Crash
Matthew Clark represented the family of a 60-year-old woman who was tragically killed when a national delivery service vehicle pulled out in front of her in Eaton County, Michigan. Although the company tried to minimize liability by pointing out that she was not wearing a seatbelt, was retired, and had no dependents, our team uncovered the deeper story. We worked closely with the family to show the jury the profound loss they suffered not just financially, but emotionally and generationally. The case resulted in a $4,750,000 settlement, honoring the legacy of a woman who had spent her life caring for others.
Damages Available in a Car Accident Wrongful Death Case
When a loved one is killed in a car crash, the impact is far more than emotional. Michigan’s wrongful death statute allows surviving family members to recover compensation for both financial and personal losses tied to the death. These damages are meant to reflect what the person contributed to their family and the suffering caused by their sudden loss.
Wrongful death damages may include:
Every case is unique, and the amount you can recover depends on factors like the deceased person’s age, income, family situation, and the details of the crash. In some cases, damages can reach into the millions if the deceased was a primary breadwinner or if the at-fault driver was grossly negligent.
💡Clark Insight: We often see insurance companies try to minimize wrongful death claims by focusing only on lost income. But your case is about more than money — it’s about the relationship, the emotional loss, and the future your loved one was robbed of. Those elements matter, and we make sure they’re not ignored.
How Wrongful Death Claims Differ from Typical Car Accident Cases
While both personal injury and wrongful death cases can result from the same crash, they follow different legal paths. A standard car accident claim is filed by the injured person to recover for their own losses. A wrongful death claim, on the other hand, is filed by the estate and seeks compensation on behalf of the family after a fatal crash.
Several legal and procedural differences set these claims apart:
📊 Table 2: Key Differences Between Fatal and Non-Fatal Car Accident Claims
In a wrongful death case, even if the at-fault driver admits fault, the insurance company may still dispute the value of the claim or who is entitled to compensation. These cases often require not just legal strategy, but probate coordination, family negotiation, and careful documentation of the deceased person’s life, work history, and relationships.
What to Do If You Lost a Loved One in a Crash
After a fatal car accident, families are often overwhelmed, grieving, and unsure what to do next. While nothing can undo the loss, taking the right steps early on can protect your legal rights and prevent insurance companies from taking advantage of your situation.
Here are the most important actions to take:
These steps will lay the groundwork for a strong claim, whether you are still in the early stages of grief or ready to move forward with legal action. An experienced wrongful death lawyer can help manage communication with insurers, prepare probate filings, and start building a case while you focus on your family.
💥 Example: A Lansing family lost their adult son in a fatal intersection crash involving a texting driver. Within days, the insurance company reached out offering a fast settlement. Because they hadn’t yet appointed a personal representative or gathered full evidence, they nearly accepted far less than the claim was worth. A timely consultation changed everything helping them recover full damages and gain peace of mind.
Why You Need a Lawyer for a Fatal Car Accident Case
Wrongful death claims are among the most emotionally difficult and legally complex types of cases in personal injury law. When a fatal car crash occurs, families are not only grieving — they are also navigating a legal system they never expected to face. Insurance companies often move quickly, offering early settlements that undervalue the full extent of the loss.
An experienced wrongful death lawyer does far more than file paperwork. They can help with:
These cases also require careful coordination between the civil court system and probate court. Without the right legal support, it is easy for families to feel overwhelmed or to unknowingly give up rights they did not even realize they had.
💡 Clark Insight: Fatal crash claims often involve multiple insurers, high-value damages, and emotionally charged litigation. Having an attorney experienced in both wrongful death law and auto accident litigation can make all the difference.
Wrongful Death Claim Questions We Hear Most
