The sudden loss of a loved one due to someone else's negligence is a devastating experience. While no amount of money can replace the loss of a family member, Michigan law allows surviving family members to seek compensation through a wrongful death claim. Understanding the damages available in these cases can help your family obtain the financial resources needed during this difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action brought against the party whose negligent, reckless, or intentional actions caused the death of another person. These claims are separate from any criminal proceedings and focus on obtaining financial compensation for the survivors rather than punishing the wrongdoer.

Wrongful death claims can arise from many types of incidents, including:

• Car accidents caused by negligent or impaired drivers
• Truck accidents
• Slip-and-fall accidents and premises liability incidents
• Defective products
• Medical malpractice
• Workplace accidents
• Acts of violence

Who Can File a Wrongful Death Lawsuit in Michigan?

Under Michigan law, the personal representative of the deceased person's estate files the wrongful death claim. The damages recovered are then distributed to the surviving family members who suffered losses, including:

• The surviving spouse
• Children, grandchildren, and other descendants
• Parents and grandparents
• Siblings and other heirs
• Anyone who was financially dependent on the deceased

Types of Damages Recoverable in a Wrongful Death Case

Michigan law allows recovery of both economic and non-economic damages in wrongful death cases.

Economic Damages

Economic damages compensate the family for the financial losses resulting from the death. These may include:

• Funeral and burial expenses: The reasonable costs of funeral services, burial, cremation, and related expenses.
• Medical bills: Medical expenses incurred for treatment of the deceased's final injuries or illness.
• Lost income and benefits: The income, bonuses, retirement contributions, health insurance, and other benefits the deceased would have earned over his or her lifetime.
• Loss of services: The value of household services, childcare, and other contributions the deceased provided.
• Loss of inheritance: What the deceased would likely have accumulated and left to heirs.

Non-Economic Damages

Non-economic damages compensate the family for the intangible losses that result from the death:

• Loss of companionship and consortium: Damages for the loss of love, affection, and intimate relations with a spouse.
• Loss of guidance and support: Damages for the loss of parental guidance, advice, and emotional support that surviving children will miss.
• Pain and suffering of the deceased: Compensation for any conscious pain and suffering the deceased experienced before death.
• Loss of society and companionship: Damages for the loss of familial relationships and shared experiences.

Punitive Damages in Wrongful Death Cases

In cases involving particularly egregious conduct, such as drunk driving, intentional harm, or grossly negligent behavior, the court may also award punitive damages. These damages are designed to punish the wrongdoer and deter similar conduct in the future, rather than compensate the family for specific losses.

How Comparative Negligence Affects Wrongful Death Damages

Michigan's comparative negligence rule applies to wrongful death cases. If the deceased was partially at fault for the incident that caused his or her death, the family's damages will be reduced by the percentage of fault attributed to the deceased. If the deceased was more than 50% at fault, the family may be unable to recover any damages.

Statute of Limitations for Wrongful Death Claims

Michigan generally allows three years from the date of death to file a wrongful death lawsuit. However, certain circumstances can affect this deadline. Failing to file within the statute of limitations will permanently bar your right to seek compensation, so it's important to act quickly.

Contact Our Compassionate Wrongful Death Attorneys

The death of a loved one is an incredibly difficult time, and pursuing legal action may feel overwhelming. At Logeman, Iafrate & Logeman, P.C., we provide compassionate guidance and skilled legal representation to families across Michigan who have lost loved ones due to negligence.

Our experienced wrongful death attorneys have helped Michigan families recover the compensation they need for over 45 years. We offer free consultations to discuss your case and explain your legal options. Contact us today for a no-obligation case review.