If you have lost a loved one due to someone else’s negligence in Michigan, understanding your legal rights is a critical first step toward justice. This guide covers Michigan’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Michigan’s wrongful death framework creates two distinct litigation strategies depending on how the death occurred – general negligence claims are uncapped, while medical malpractice claims face strict non-economic limits.
Michigan Wrongful Death Laws
The Michigan Wrongful Death Statute
Michigan’s wrongful death law is governed by Michigan Compiled Laws § 600.2922. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Michigan imposes a 3-year statute of limitations for general wrongful death claims (auto accidents, premises liability, general negligence), measured from the date of death. Medical malpractice wrongful death claims carry a shorter 2-year statute of limitations under MCL § 600.5805(8).
Recoverable Damages
Michigan allows recovery for pecuniary loss, loss of society and companionship, and funeral expenses. For general wrongful death claims, there are no caps on damages. Medical malpractice wrongful death claims are subject to strict non-economic damage caps under Michigan law (MCL § 600.1483), adjusted annually by the State Treasurer: the 2025 lower cap is $586,300 for most cases, and the 2025 upper cap is $1,047,000 for cases involving permanent functional loss of one or more limbs, permanently impaired cognitive capacity, or permanent loss of a reproductive organ. Both amounts increase each year with the Detroit consumer price index.
Survival Action
Michigan maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Michigan
1. Fieger Law
Location: Southfield, MI (Serving nationwide and statewide)
Phone: (800) 294-6637
Website: https://fiegerlaw.com
Founded by the legendary Geoffrey Fieger, this firm is famous for securing some of the largest verdicts in U.S. history. In Michigan’s uncapped general wrongful death cases – police misconduct, massive auto collisions, corporate negligence – Fieger Law leverages its immense capital and courtroom presence to win staggering awards for loss of society and companionship.
2. Michigan Auto Law
Location: Farmington Hills, MI (Offices statewide)
Phone: (800) 968-1001
Website: https://michiganautolaw.com
Strictly dedicated to motor vehicle and commercial trucking accidents. Michigan is a No-Fault auto state, and wrongful death claims stemming from car crashes require specialized knowledge to bypass standard no-fault limitations. They are highly successful at maximizing uncapped pecuniary and companionship damages for grieving families in fatal crash scenarios.
3. Sommers Schwartz, P.C.
Location: Southfield, MI
Phone: (800) 783-0989
Website: https://sommerspc.com
The premier firm for handling Michigan’s highly restricted medical malpractice wrongful death cases. Because Michigan enforces non-economic caps in med mal, this firm utilizes top-tier economic experts to meticulously calculate uncapped economic damages – lost future wages and medical bills – to ensure the family’s total recovery remains as high as possible within the statutory framework.
Frequently Asked Questions
How does Michigan’s no-fault auto law affect a wrongful death claim?
Michigan’s no-fault auto insurance system is one of the most complex in the country. While no-fault benefits are available for certain losses regardless of fault, a wrongful death claim for general damages – loss of companionship, excess economic losses – still requires proving the other party’s negligence. An attorney specializing in Michigan auto law is essential to navigate both the no-fault framework and the wrongful death claim simultaneously.
Are there caps on damages in Michigan?
For general wrongful death claims – such as fatal auto accidents, trucking crashes, or premises liability – no. For medical malpractice wrongful death, Michigan imposes non-economic damage caps under MCL § 600.1483. Michigan uses a two-tier system adjusted annually: the 2025 lower cap is $586,300 for most cases, and the 2025 upper cap is $1,047,000 for cases involving permanent functional limb loss, permanent cognitive impairment, or permanent reproductive organ damage. Both figures adjust each year with the Detroit consumer price index. An experienced attorney will build the strongest possible economic damages case to maximize total recovery in med mal scenarios.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. For general negligence claims, the 3-year deadline runs from the date of death. For medical malpractice wrongful death, the deadline is 2 years. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Michigan’s two-track wrongful death system requires attorneys with specialized expertise depending on the cause of death. The firms listed above have the experience to navigate both tracks. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.