Death claim: who can ask for help?

Michigan Wrongful Death Statute: The Michigan Wrongful Death Act (MCL § 600.2922) governs wrongful death claims. The action must be brought by the personal representative of the decedent's estate on behalf of a broad group of statutory beneficiaries: spouse, children, descendants of deceased children, parents, grandparents, brothers and sisters, and children of deceased brothers and sisters. Michigan's beneficiary class is among the broadest of any state wrongful death statute.

Statute of Limitations: Michigan imposes a three-year statute of limitations for wrongful death claims under MCL § 600.5805(2), running from the date of death—longer than the two-year period in most states. This three-year window gives Michigan families additional time to investigate and file. Survival claims for the decedent's pre-death injuries are subject to the same three-year period.

Recoverable Damages: Michigan wrongful death damages include: reasonable medical, hospital, and funeral expenses; loss of financial support; loss of the society and companionship of the deceased; loss of parental training and guidance; mental anguish suffered by the surviving beneficiaries; and the decedent's own pre-death pain and suffering. Michigan allows punitive (exemplary) damages in wrongful death cases where the defendant's conduct was malicious, willful, or grossly negligent, though courts apply this standard strictly. Michigan caps non-economic damages in wrongful death cases based on medical malpractice (MCL 600.1483) or product liability (MCL 600.2946a).

Venue and Procedural Notes: Under Michigan's comparative fault rule, damages are reduced by the plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages (MCL 600.2959). Michigan Circuit Courts handle wrongful death actions, with Wayne County (Detroit), Oakland County, and Macomb County seeing high litigation volume—particularly in automotive product liability cases given Michigan's auto industry concentration. In mass tort scenarios involving defective vehicles or products, Michigan wrongful death damages are litigated in state court while federal MDL proceedings address common liability questions.