After a fatal accident caused by someone else’s negligence, families often come across terms like “wrongful death claim” and “survival action.” While both are civil lawsuits that arise from the loss of a loved one, they serve different legal purposes in Michigan. A wrongful death claim allows surviving family members to seek compensation for their own emotional and financial losses. In contrast, a survival action focuses on the pain, suffering, and damages the deceased experienced before they died. Understanding the difference between these claims is essential for making informed legal decisions during an incredibly difficult time, and many families choose to get help from The Clark Law Office attorneys to ensure their rights are fully protected.
What Is a Wrongful Death Claim in Michigan?
A wrongful death claim is a type of civil lawsuit brought when a person dies as a result of someone else’s negligence, recklessness, or intentional act. Under Michigan law, this claim is filed by the personal representative of the deceased person’s estate, but the compensation is meant to benefit the surviving family members.
Wrongful death claims focus on the losses suffered by the deceased person’s relatives. This can include the loss of companionship, financial support, guidance, and the emotional pain caused by their loved one’s untimely death. Common examples include fatal car accidents, medical malpractice, workplace incidents, or any situation where a person would have had a personal injury case if they had survived.
In Michigan, wrongful death lawsuits are governed by MCL 600.2922, which outlines who can recover, what damages are available, and how the process works. The law requires court approval of any settlement and specifies how the compensation should be distributed among eligible family members, such as spouses, children, parents, or others who relied on the deceased.
For a full explanation of eligibility, see who can file a wrongful death lawsuit in Michigan.
What Is a Survival Action Under Michigan Law?
A survival action is a legal claim that allows the estate of a deceased person to pursue the same personal injury lawsuit the individual could have filed if they had survived. Rather than focusing on the losses suffered by the family, this type of lawsuit is about the harm the person experienced between the time of injury and their death.
In Michigan, survival actions are governed by MCL 600.2921, which states that a cause of action is not extinguished by a person’s death. Instead, the right to sue “survives” and passes to the estate. This can include damages such as the deceased person’s pain and suffering, medical bills, lost wages, and other losses that occurred before they passed away.
The personal representative of the estate brings the survival action, and any compensation recovered becomes part of the estate. These funds are then distributed through probate according to the will or Michigan’s intestate succession laws, rather than going directly to the family members like in a wrongful death case.
Key Differences Between Wrongful Death and Survival Actions
Although both wrongful death claims and survival actions may arise after the same fatal event, they serve very different legal purposes in Michigan. One focuses on the impact of the loss on the family, while the other seeks justice for the harm suffered by the deceased before they passed. These claims also differ in who receives the compensation and how damages are calculated.
The table below outlines the most important differences between the two:
| 🔍 Legal Element | ⚖️ Wrongful Death Claim | 💼 Survival Action |
|---|---|---|
| Who Files | Personal representative of the estate | Personal representative of the estate |
| Purpose of Claim | Compensates family for their own losses | Compensates estate for harm to the deceased |
| Damages Recovered | Loss of companionship, financial support | Pain and suffering, medical bills, lost wages |
| Beneficiaries | Family members named in the statute | Estate (distributed through probate) |
| Timeframe Covered | After death | Between injury and death |
| Statute | MCL 600.2922 | MCL 600.2921 |
Can You File Both a Wrongful Death and a Survival Action in Michigan?
Yes, in many cases both a wrongful death claim and a survival action can be filed together in Michigan. These are separate legal claims, but they often arise from the same incident. When someone is seriously injured due to negligence and later dies from those injuries, their estate may be entitled to pursue both types of compensation.
For example, if the person survived for any length of time after the incident, even hours or days, the estate can file a survival action to recover for their pain, suffering, and related losses during that period. At the same time, a wrongful death claim can seek compensation for the surviving family’s emotional and financial hardships after the death.
The personal representative of the estate is responsible for filing both claims, and they are often handled together as part of one civil lawsuit. This combined approach ensures that no part of the loss is overlooked and that both the deceased and their loved ones are properly compensated under Michigan law.
To better understand how these claims fit within broader time limits, review time limits to file a wrongful death lawsuit in Michigan.
What Damages Are Available in Each Type of Lawsuit?
The types of compensation available in a wrongful death case are different from those in a survival action. Wrongful death focuses on what the family has lost due to the death of their loved one. Survival actions focus on what the deceased person experienced and lost between the time of injury and the time of death.
In many cases, both claims are necessary to capture the full extent of the harm caused by the negligent or reckless party. Below is a breakdown of what damages can be pursued in each type of lawsuit.
| đź’° Type of Damages | Wrongful Death Claim | Survival Action Claim |
|---|---|---|
| Medical expenses | Yes | Yes |
| Pain and suffering | No (only for family’s emotional loss) | Yes (for deceased person’s suffering) |
| Lost wages and income | Yes (future earnings for the family) | Yes (earnings before death) |
| Emotional distress | Yes (family’s grief and loss) | No |
| Funeral and burial costs | Yes | Sometimes, if not covered elsewhere |
| Punitive damages | Rarely available | Possible in cases of extreme misconduct |
Which Type of Lawsuit Is Right for Your Situation?
Whether to pursue a wrongful death claim, a survival action, or both depends on the facts of the case and the legal goals of the family and estate. In Michigan, many fatal accident cases involve both types of claims because they address different harms. A wrongful death claim helps the family recover for their emotional and financial losses. A survival action makes sure the suffering and losses the deceased experienced are not ignored.
If the person died instantly or had no conscious suffering between injury and death, there may be little reason to pursue a survival action. On the other hand, if the person survived for any amount of time and incurred pain, medical expenses, or lost wages, a survival action may be necessary to fully protect the legal rights of the estate.
An experienced Michigan wrongful death lawyer can evaluate both claims, gather the right evidence, and help you decide which path offers the best chance of recovery. Filing both claims together is often the most complete way to pursue justice after a tragic and preventable death.
For further context on how Michigan handles these claims, see our comprehensive Wrongful Death Law hub.
Talk to a Michigan Wrongful Death Lawyer About Your Legal Options
If you are unsure whether to pursue a wrongful death claim, a survival action, or both, we can help you understand your legal options and protect your rights. At The Clark Law Office, your case will not be passed off to a case manager or a large team. Attorney Matthew R. Clark personally handles every wrongful death case from start to finish.
We take the time to listen, investigate, and build a strategy that reflects the full extent of your loss. Whether your loved one passed away after a car accident, medical negligence, or another preventable incident, we are here to help you pursue the justice and compensation your family deserves.
Contact us today for a free consultation and get the answers you need from an attorney who truly cares.
Questions About Wrongful Death and Survival Actions in Michigan
What is the main difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the family’s losses after someone dies due to negligence. A survival action allows the estate to recover for the harm the deceased suffered before they passed away.
Can both types of lawsuits be filed at the same time in Michigan?
Yes. If the facts support both, they can be filed together in a single case. This helps ensure that both the family’s losses and the deceased person’s suffering are addressed.
Who receives the money in a survival action?
The compensation from a survival action goes to the estate of the deceased. It is then distributed through the probate process according to the will or Michigan inheritance laws.
How long do I have to file a wrongful death or survival action in Michigan?
Both claims are usually subject to the same statute of limitations that applies to personal injury cases, which is generally three years from the date of the incident. However, some exceptions may apply, so it is important to speak with a lawyer right away.
Do I need a lawyer to file a survival action or wrongful death claim?
Yes. These cases are complex and involve multiple legal procedures, including probate, liability investigation, and court approval of any settlement. An experienced attorney can help ensure your family receives the full compensation allowed under Michigan law.