Losing a loved one because of someone else’s negligence is devastating and while no law can undo that loss, Michigan’s wrongful death statute provides a legal path for surviving family members to seek justice and financial compensation. Known as MCL 600.2922, this statute governs who can file a wrongful death claim, what must be proven, and what damages may be recovered. Understanding the law is critical if you’re considering legal action after a fatal accident and this page breaks it all down in plain English.
What Is the Michigan Wrongful Death Statute?
Michigan’s wrongful death law is outlined in MCL 600.2922, a statute that allows surviving family members to file a lawsuit when a person dies as a result of someone else’s negligence, recklessness, or intentional act.
At its core, the statute is an extension of Michigan’s personal injury laws. If the deceased would have had the right to bring a personal injury claim had they survived, the law allows certain family members, through the deceased’s estate, to pursue compensation for the losses caused by that death.
The wrongful death statute defines:
- Who can file the lawsuit (through the estate)
- What damages can be recovered (both financial and emotional)
- How the court distributes compensation among surviving family members
- Procedural steps that must be followed, including required notice and probate involvement
While the language of MCL 600.2922 is technical, its purpose is simple: to give families a legal remedy when a preventable death occurs.
What Must Be Proven Under the Statute?
To succeed in a wrongful death claim under MCL 600.2922, the estate must prove that the death was caused by another party’s negligence, recklessness, or intentional misconduct — just as in a standard personal injury lawsuit. The key difference is that the injured person is no longer alive to bring the claim themselves, so the right passes to their estate.
There are four essential legal elements that must be shown for a wrongful death claim to move forward:
- The defendant owed the deceased a legal duty of care
- That duty was breached through negligence or wrongdoing
- The breach directly caused the death
- The surviving family members suffered damages as a result
The table below breaks down these elements in plain English, with examples to help clarify what each one means:
| ⚖️ Element | 📄 What It Means | 📝 Example |
|---|---|---|
| Duty of Care | The defendant had a legal obligation to act safely | A driver must obey traffic laws |
| Breach of Duty | The defendant failed to meet that obligation | The driver ran a red light |
| Causation | That failure directly led to the victim’s death | The crash caused fatal injuries |
| Damages | The death resulted in losses to surviving family | Funeral costs, lost income, emotional suffering |
Without all four elements, the claim may be dismissed or result in no recovery. An experienced wrongful death attorney will gather the evidence needed to establish each of these points clearly and convincingly.
Who Can File a Claim Under MCL 600.2922?
Under Michigan’s wrongful death statute, only the personal representative (also called the executor) of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. This individual is typically named in the decedent’s will or appointed by the probate court if no will exists.
Although the personal representative files the lawsuit, the case is brought on behalf of surviving family members who may be entitled to receive compensation including the spouse, children, parents, siblings, and others financially dependent on the deceased.
To learn more about eligibility, filing authority, and how compensation is distributed, visit our detailed page: Who Can File a Wrongful Death Lawsuit in Michigan?
What Damages Are Allowed Under the Statute?
Michigan’s wrongful death statute allows a wide range of damages intended to compensate surviving family members for both economic and emotional losses. These damages reflect the impact of the death on the family’s financial stability, mental health, and daily life.
Under MCL 600.2922(6), damages may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased person’s income or financial support
- Loss of care, companionship, and guidance
- Pain and suffering experienced by the deceased before death
- Loss of household services the deceased provided
- Attorney fees and costs related to the estate’s representation
The probate court oversees how these damages are distributed among eligible survivors. If the family cannot agree on a distribution, the court may hold a hearing to decide what is fair.
| 📂 Category | 📋 Description | 📎 Example |
|---|---|---|
| Medical Expenses | Costs for final treatment before death | Ambulance, ER, surgery, hospice care |
| Funeral & Burial Costs | Reasonable expenses for burial or cremation | Casket, headstone, memorial service |
| Lost Financial Support | Future income the deceased would have provided | Lost wages, health benefits, retirement income |
| Loss of Companionship | Emotional and relational loss suffered by family | Spouse's love, parent’s guidance, child’s presence |
| Pain and Suffering | Conscious suffering endured by the deceased prior to death | Physical pain between injury and death |
| Loss of Household Services | Value of duties the deceased performed at home | Childcare, yardwork, elder care |
| Legal and Administrative Fees | Attorney fees and probate-related costs | Fees incurred while managing the estate |
What Happens If the Family Disagrees on a Settlement?
Disagreements over how to divide wrongful death compensation are not uncommon, especially when multiple family members are grieving, financially affected, or uncertain about their legal rights.
Michigan’s wrongful death statute gives the probate court the authority to review and approve any proposed settlement or judgment. If all interested parties agree on how the money should be distributed, the personal representative can submit a proposed allocation to the court for approval. In most uncontested cases, the court will accept the distribution as long as it appears fair and lawful.
However, if any eligible family member objects, for example, a sibling who feels excluded or a parent who believes they’re entitled to more, the court may hold a hearing. During this hearing, each party can present their case, and the judge will decide how the settlement should be divided.
The court may consider:
- The nature and strength of each person’s relationship to the deceased
- Financial dependence on the deceased
- Emotional impact of the loss
- The intent expressed in any will or estate planning documents
In short, when families can’t agree, the court steps in to make sure the distribution is legally sound and reasonably equitable.
Clark Insight: Why Understanding the Statute Matters
Michigan’s wrongful death statute isn’t just a legal technicality, it’s the framework that determines how your family’s case is handled, who has the right to file, and how compensation is distributed. Misunderstanding these rules can delay your case, reduce your compensation, or even prevent you from recovering anything at all.
That’s why families turn to us. At The Clark Law Office, we don’t just file paperwork, we help you navigate the law, manage the probate process, and build a strong case backed by real experience. When you work with us, you get an attorney who understands both the emotional toll of a wrongful death and the legal strategy it takes to move your case forward.
Whether you’re considering filing a claim or have questions about your rights under MCL 600.2922, we’re here to help clearly, directly, and with your family’s future in mind.
FAQ: Michigan Wrongful Death Statute
What is Michigan’s wrongful death statute?
Michigan’s wrongful death statute is MCL 600.2922. It allows the estate of a person who died due to someone else’s negligence or misconduct to file a lawsuit on behalf of surviving family members.
Is a wrongful death lawsuit civil or criminal?
A wrongful death lawsuit is a civil claim for financial compensation. It is separate from any criminal charges, such as homicide or manslaughter, that may also result from the same incident.
Who gets the money in a Michigan wrongful death case?
Compensation is typically distributed to the deceased’s spouse, children, parents, or other family members based on financial dependence, emotional loss, and probate court approval. If there is disagreement, the court decides how to divide the funds.
What does the court consider when dividing a wrongful death settlement?
The court may evaluate each family member’s relationship to the deceased, level of financial dependence, and the emotional impact of the loss. The personal representative proposes a distribution, but the court has final approval.
How long do I have to file a wrongful death claim in Michigan?
The deadline depends on the underlying cause of action. Most wrongful death claims based on negligence must be filed within three years of the date of death, but other deadlines may apply in cases involving medical malpractice or government entities.