When a family files a wrongful death lawsuit in Michigan, the defendant and their insurance company rarely accept responsibility without a fight. Instead, they often raise legal defenses designed to reduce or even eliminate the compensation surviving family members may receive. These defenses can be frustrating and confusing, especially when the facts of the case seem clear to those who lived through the loss.
Understanding the most common defense strategies helps families prepare for what to expect and shows why having an experienced wrongful death lawyer matters. The Clark Law Office legal team has confronted these tactics in court and knows how to counter them with strong legal and factual evidence.
Overview of Common Wrongful Death Defenses in Michigan
Defendants in wrongful death cases often rely on a handful of strategies to avoid paying full compensation. While the exact approach depends on the facts of the case, certain defenses appear again and again in Michigan courts. By understanding these defenses in advance, families can better appreciate the importance of building a strong legal case. For example, some defenses are raised very early in the case, often during motions or hearings, which makes it important to understand what happens in a wrongful death lawsuit and how these arguments are typically addressed in court.
đź“Š Table: Common Defenses vs. How Plaintiffs Can Respond
This overview shows that while defendants have many tools at their disposal, each one can be countered with the right strategy.
Comparative Fault Defense
One of the most common defenses in wrongful death lawsuits is comparative fault. In Michigan, if the deceased is found partially responsible for the accident that caused their death, the compensation awarded to the family can be reduced. If the deceased is found to be more than 50 percent at fault, the family may be barred from recovering noneconomic damages altogether.
Defendants often use this defense in motor vehicle accidents, workplace incidents, or recreational activity cases where they can argue the deceased acted carelessly. Strong evidence, including witness testimony, accident reconstruction, and expert analysis, is needed to minimize or defeat these claims.
🌍 Real World Example: In a fatal highway collision, the defense argued that the victim was speeding and therefore largely responsible for the crash. Through accident reconstruction and witness accounts, it was shown that the other driver had been texting and made an unsafe lane change. The victim’s fault was reduced to a minimal percentage, preserving the family’s right to full compensation.
Assumption of Risk Defense
Another defense often raised in wrongful death cases is assumption of risk. Defendants argue that the deceased knowingly and voluntarily engaged in an activity that carried obvious dangers, and therefore accepted the possibility of injury or death. This defense is most common in cases involving recreational activities such as boating, ATVs, sports, or other high-risk settings.
However, Michigan law requires defendants to prove that the deceased clearly understood the specific risks and still chose to proceed. Many times, risks are hidden, underestimated, or made worse by another party’s negligence, which weakens this defense.
🌍 Real World Example: In a boating accident case, the defense claimed the victim assumed the risk of drowning by riding without a life jacket. The family’s attorney showed that the real cause of death was the operator’s reckless speeding and failure to maintain proper control. The court agreed, holding the negligent operator primarily responsible despite the absence of a life jacket.
Lack of Causation Defense
Defendants may also argue that their actions did not directly cause the death. This defense, known as lack of causation, shifts the blame to another factor such as a pre-existing medical condition, the actions of a third party, or an unavoidable natural event. By denying a clear link between their conduct and the death, defendants attempt to avoid liability altogether.
Overcoming this defense requires strong medical evidence, expert testimony, and careful investigation to prove that the defendant’s negligence was a substantial factor in causing the death.
🌍 Real World Example: In a wrongful death claim involving medical malpractice, the defense argued that the patient’s death resulted from a pre-existing heart condition, not the doctor’s surgical error. Expert testimony from independent physicians established that the surgical mistake directly triggered the fatal complications. The court ruled that the negligence, not the underlying condition, was the true cause of death.
Procedural or Technical Defenses
Defendants sometimes rely on procedural defenses to avoid liability. These defenses focus less on the facts of the case and more on whether the lawsuit was filed correctly and on time. Common arguments include missing the statute of limitations, errors in probate filings, or claims that the personal representative of the estate lacked authority to file.
Because probate filings often come into play, families should also understand how probate court and distribution of proceeds works in Michigan wrongful death cases. Mistakes here can give defendants the opportunity to push for dismissal or delay payment.
🌍 Real World Example: A Michigan family filed a wrongful death lawsuit more than three years after the accident, and the defense sought dismissal based on the statute of limitations. The family’s lawyer demonstrated that the statutory period was tolled until the estate’s personal representative was officially appointed. The court agreed, allowing the case to move forward despite the defense’s attempt to have it thrown out.
How Families Can Overcome Common Defenses
While defenses in wrongful death cases can feel overwhelming, families are not without options. The key is anticipating these strategies and building a strong case from the beginning. Skilled lawyers know how to challenge each defense with evidence, expert testimony, and careful legal strategy.
Ways families can overcome common defenses include:
đź’ˇ Clark Insight: In one wrongful death case, the defense argued that the victim assumed the risk by working a dangerous construction job. We proved that the employer failed to provide required safety equipment and training, making the risks far greater than what the worker had agreed to. By highlighting this negligence, we overcame the defense and secured a significant settlement for the family.
Next Steps: Protecting Your Wrongful Death Claim
Defendants and their insurance companies will often use every available defense to limit what a family can recover in a wrongful death lawsuit. The best way to protect a claim is to act quickly, preserve evidence, and work with an attorney who knows how to counter these strategies in court.
At The Clark Law Office, we have years of experience anticipating the defenses raised in wrongful death cases and building strong responses that protect families’ rights. From fighting comparative fault claims to defeating procedural challenges, our team is committed to securing the full compensation your family deserves.
To learn more about how defenses fit into the bigger picture, visit our wrongful death lawsuit process hub, which explains each stage of these cases and the strategies families should expect along the way.
Frequently Asked Questions About Wrongful Death Defenses
