{"id":374188,"date":"2019-05-16T16:20:32","date_gmt":"2019-05-16T21:20:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-wrongful-death-law.html"},"modified":"2019-05-20T16:53:31","modified_gmt":"2019-05-20T21:53:31","slug":"michigan-wrongful-death-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-wrongful-death-law.html","title":{"rendered":"Michigan Wrongful Death Law"},"content":{"rendered":"\n
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Michigan Wrongful Death Law<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Any act that results in another person’s death, whether it’s intentional or the result of negligence, can trigger criminal charges. But even when it’s purely an accident, the victim’s survivors (usually the spouse and children) may file a civil claim for damages caused by that person’s act. For instance, the death may have caused emotional pain and suffering. This is called a wrongful death claim<\/a> and, as the O.J. Simpson case<\/a> showed, it requires a lower burden of proof<\/a> than that which is required in a criminal homicide case.<\/p>\r\n

The following provides an overview of Michigan’s wrongful death law, including time limits for filing a claim, damages allowed, and parties entitled to recovery.<\/p>\r\n

Michigan Wrongful Death Law: The Basics<\/h2>\r\n

If you’re grieving the loss of a loved one, the last thing you have time and energy for is a dense legal text. Since statutes often are written by attorneys (and in "legalese"), we’ve summarized the main points of Michigan’s wrongful death laws for your convenience.<\/p>\r\n\r\n
Statute<\/b><\/td>\r\n

Michigan Compiled Laws, Section 600.2922, et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

When is a Wrongful Death Action Warranted?<\/b><\/td>\r\n

Whenever a person’s death is caused by another party’s wrongful act, neglect, or default (unless the killing is committed in self defense<\/a>).<\/p>\r\n<\/td>\r\n<\/tr>

Wrongful Death of Fetus<\/b><\/td>\r\n

A person who commits a wrongful or negligent act against a pregnant individual is liable for damages if it results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus.<\/p>\r\n

This doesn’t<\/i><\/b> apply to:<\/p>\r\n

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  • Acts committed by the pregnant individual;<\/li>\r\n
  • Medical procedures performed by medical professionals within the scope of their professional duties, as long as informed consent was given; or<\/li>\r\n
  • The lawful dispensation of prescription drugs.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Parties Entitled to Recovery<\/b><\/td>\r\n
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  1. The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters (or the individual to whom the deceased’s estate would pass);<\/li>\r\n
  2. The children of the deceased’s spouse; or<\/li>\r\n
  3. Anyone else designated under the deceased’s will.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Damages Allowed<\/b><\/td>\r\n

The jury may award whatever damages are determined to be fair and equitable with respect to losses resulting from the person’s death, including damages for:<\/p>\r\n