Lost a family member because of someone else’s fault? In Michigan, a wrongful death case starts with an estate and a personal representative, and it is built on what the person who died could have claimed
I am Mitchell Bisson, a Grand Rapids personal injury lawyer. I have litigated for over 15 years. Big-Firm Power. Street-Level Grit. A wrongful death case starts before any lawsuit is filed. Someone has to open an estate and receive letters of authority, because MCL 600.2922(2) lets only the personal representative bring the case.
Under MCL 700.3203, priority goes to the person a probated will names, then a spouse who is a devisee, other devisees, the spouse, and other heirs. Opening an estate is how a family gets that authority, even when the person left little or no property. Timing matters here, because the saving period in MCL 600.5852 runs from the date letters are issued. Disputes over who should serve are a probate question that can delay filing.
When the injury caused the death, Michigan sends the claim through the wrongful death statute: a claim for injuries that result in death can be prosecuted after the death only under MCL 600.2922. If a suit is already pending, it can be amended to proceed under that statute, and failing to amend waives the claim for additional damages resulting from the death. A wrongful death claim is also derivative, so defenses good against the deceased carry over to the family. Damages are reduced by the deceased’s percentage of fault, and if that fault is greater than the others’ combined fault, noneconomic damages are not awarded. What an earlier release covers depends on its wording.
A wrongful death claim can be settled without filing a lawsuit, but the personal representative must petition the court for leave to settle, with notice to everyone who may be entitled to damages, and the court may approve or reject the settlement. If a suit is pending, the judge holds a hearing and approves or rejects the settlement.
Common questions about Michigan wrongful death claims
How does a family get a personal representative appointed so a Michigan wrongful death case can be filed?
Someone has to open an estate and receive letters of authority first, because MCL 600.2922(2) lets only the personal representative bring the case. Under MCL 700.3203, priority goes to the person a probated will names, then a spouse who is a devisee, other devisees, the spouse, and other heirs. Opening an estate is how a family gets that authority, even when the person left little or no property.
What is the difference between a survival claim and a wrongful death claim in Michigan, and what if the injured person dies while a lawsuit is pending?
When the injury caused the death, Michigan sends the claim through the wrongful death statute. MCL 600.2921 says all actions and claims survive death, but a claim for injuries that result in death can be prosecuted after the death only under MCL 600.2922. If a suit is already pending, it can be amended to proceed under that statute, and failing to amend waives the claim for additional damages resulting from the death.
Can the defense use the deceased person's own fault or an earlier release to reduce or block a wrongful death claim in Michigan?
Yes. A wrongful death claim is derivative: MCL 600.2922(1) allows it only if the deceased could have sued had death not ensued, so defenses good against the deceased carry over to the family. Under MCL 600.2959, damages are reduced by the deceased's percentage of fault, and if that fault is greater than the others' combined fault, noneconomic damages are not awarded.
Can a Michigan wrongful death claim be settled without filing a lawsuit, and who approves the settlement?
Yes. If no suit is pending, the personal representative can petition the court under MCL 700.3924 for leave to settle, with notice to everyone who may be entitled to damages, and the court may approve or reject it. If a suit is pending, the representative moves in that court and the judge holds a hearing and approves or rejects the settlement under MCL 600.2922(5).
For short answers with the statute or court rule behind each one, see my Michigan FAQs on wrongful death (6 answers).
Talk to me about a Michigan wrongful death claim
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Lost a family member in Kent County or West Michigan? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
Related Michigan pages
For the injury practice as a whole, see my Grand Rapids personal injury lawyer page. If the death followed a medical error, see my Grand Rapids medical malpractice lawyer page, and if it followed a crash, see my Grand Rapids car accident lawyer page. For a wider look at injury claims based on carelessness, see my Grand Rapids negligence lawyer page. For a wider look at my litigation practice, see my Grand Rapids civil litigation attorney page. If a judgment goes against you, see my Michigan appeals lawyer page, and for short answers, see my Michigan legal FAQs. My practice also includes civil rights and real estate.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.