Accident Resource Center of Michigan
Wrongful Death refers to an unnecessary and tragic fatality which entitles compensation to the survivors of the victim who dies due to the carelessness or negligence of another individual, a company or municipality. Nationally, approximately 223,000 accidental deaths occurred in 2023, with these tragic fatalities affecting families across the United States. In Michigan, fatal crashes increased 13.2% over the past five years, from 902 in 2019 to 1,021 in 2023, with fatalities up 11.2% over the same period. Understanding your rights under Michigan wrongful death law is essential during this difficult time.
Under Michigan law:
- An action is brought by the estate to compensate the estate for medical bills, pain and suffering and loss of income of the fatally injured victim.
- A wrongful death claim is generally filed on behalf of the deceased’s spouse, children, family members or possibly other individuals. This action asks for compensation for loss of financial support and loss of society and companionship.
Michigan law does not allow overlap of these actions for loss of income. Generally, family members who file a claim are the beneficiaries of the estate of the deceased.
Family members usually have priority to be the administrators (personal representatives) of the estate. However, there are some instances in which they cannot serve as administrator. One example might be where there is a minor who is the only surviving claimant in an estate. Therefore, a representative would have to be appointed for that individual, and that person could be a relative.
Wrongful death claims may arise from a variety of accidents, including car accidents, truck accidents, motorcycle accidents, boating accidents, pedestrian accidents, construction and workplace accidents, dog attacks, defective products, and hospital or medical errors. Medical malpractice alone causes an estimated 250,000 deaths annually in the United States, yet only about 5% of these deaths result in malpractice claims, demonstrating that wrongful death cases are significantly under-litigated.
If your loved one or someone close to you has lost his/her life in any of these situations, you need to talk with the Michigan wrongful death attorneys who share over 50 years of experience in this area of practice. Understanding the statute of limitations for Michigan personal injury claims is critical, as wrongful death actions typically must be filed within three years of the date of death.
For a free case evaluation, please complete the online form or call The Law Offices of Henry M. Hanflik at 810-720-4000.
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Wrongful Death Claims
Wrongful Death Claims Under Michigan Law
Wrongful death refers to a fatality caused by the negligence or carelessness of another person, company, or municipality. Under current Michigan law:
Two Separate Actions May Be Filed:
1. Estate Claim (brought by the deceased’s estate):
• Medical bills incurred before death
• Pain and suffering experienced before death .
• Lost income/earning capacity
• Funeral and burial expenses
2. Wrongful Death Claim (brought by surviving family members):
• Loss of financial support
• Loss of society and companionship
• Loss of services the deceased provided
Important Under the Reformed No-Fault Law
The deceased’s no-fault PIP coverage at the time of death determines what medical and funeral expenses are covered:
• Unlimited PIP: All medical and funeral expenses (up to a limit) covered by no-fault insurance
• Limited PIP ($50K-$500K): Medical expenses covered up to the policy limit; any excess may be claimed from the at-fault driver’s bodily injury coverage
• No PIP (Opted Out): No medical expenses covered by no-fault; must pursue at-fault driver for all medical costs
If your loved one was killed by a negligent driver with inadequate insurance, having UM/UIM coverage on your own policy may be critical to recovering full compensation.
Wrongful death claims may arise from car accidents, truck accidents, motorcycle accidents, medical malpractice, nursing home neglect, defective products, construction accidents, and
many other situations.
These cases are complex and time-sensitive. Contact The Law Offices of Henry M.
Hanflik immediately at (810) 720-4000 for a free consultation.
Changes to Michigan No-Fault Law
If your accident occurred on or after July 1, 2020, your benefits are governed by Michigan’s reformed no-fault law. The coverage you receive depends on what PIP level you selected:
• Unlimited PIP: Similar to the old law-lifetime medical coverage
• $500,000 PIP: Medical coverage capped at $500,000
• $250,000 PIP: Medical coverage capped at $250,000
• $50,000 PIP: Medical coverage capped at $50,000 (Medicaid enrollees only)
• $0 PIP (Opted Out): No medical coverage from auto insurance
If you’re unsure what coverage you have or what benefits you’re entitled to, contact us immediately for a free consultation. Time is critical-evidence must be preserved and deadlines must be met.
Call (810) 720-4000.