The law cannot give back what was lost. It can hold accountable those who caused it.

There is nothing harder than losing someone because of someone else’s carelessness or wrongdoing. The grief is immediate and total. The practical questions bills, insurance, what happens now don’t pause for it. And somewhere underneath all of that is the knowledge that this didn’t have to happen, that the death was caused by a negligent driver or a negligent property owner or a defective product, and that the people responsible are already talking to their lawyers. Scott Reizen takes wrongful death cases because these families deserve representation that is both aggressive and honest, from someone who understands what they’re facing and what Michigan law actually allows them to recover.

What Michigan Law Says About Wrongful Death

Michigan’s wrongful death statute is codified at MCL 600.2922. It is important to understand what the statute does and doesn’t do. Wrongful death is not a standalone cause of action it is a vehicle that allows a lawsuit to be brought on behalf of a deceased person’s estate when the underlying tort (negligence, gross negligence, intentional conduct) would have been actionable had the person survived.

The practical implication: every wrongful death case requires an analysis of the underlying liability theory was this an auto accident case? A premises liability case? A medical malpractice case? The cause of the death determines the legal framework, and the same legal rules that apply to the injured party when alive apply to the estate when they don’t survive.

Who files the case. A wrongful death action must be filed by the personal representative of the deceased person’s estate. A personal representative must be formally appointed through the probate court before the lawsuit can proceed. In most cases, a family member will petition for appointment. If a family member has already opened an estate proceeding, that representative has the authority. If no estate has been opened, that step comes first.

Who benefits. Under MCL 700.3924, the proceeds of a wrongful death settlement or judgment are distributed by the probate court to the deceased person’s heirs and dependents according to a specific statutory framework. This is not simply divided equally among all family members it depends on the relationship of the survivors to the deceased and their individual losses.

Damages. MCL 600.2922 allows recovery for:

  • Reasonable medical, hospital, and funeral and burial expenses
  • Compensation for the pain and suffering the deceased experienced from the time of injury until death
  • Loss of financial support what the deceased would have earned and provided to dependents
  • Loss of society and companionship the relationship, guidance, and presence the survivors have lost

The statute of limitations is three years from the date of death under MCL 600.5805.

How Wrongful Death Cases Work in Michigan

Wrongful death cases are among the most contentious personal injury matters because the stakes are high and the human dimension is profound. Defense attorneys know this, and they use it. They know that families in grief are emotionally exhausted and sometimes willing to accept inadequate settlements just to end the ordeal. They know that calculating the value of a life is uncomfortable, and they exploit that discomfort.

The damages analysis in a wrongful death case requires careful, documented work. Lost financial support depends on the deceased’s earnings history, career trajectory, age, and expected working years. It requires economic expert analysis actuarial projections, wage data, benefits calculations. Loss of society and companionship requires understanding and presenting the depth of the relationship: the role the deceased played in the family, the support they provided, the moments they are no longer present for. These are not abstract numbers. They are real losses that deserve to be quantified fully.

The insurance dynamics depend on how the death occurred. In auto cases, the at-fault driver’s liability insurance and, where applicable, the deceased’s own uninsured/underinsured motorist coverage are both in play. In premises cases, the property owner’s general liability policy governs. In trucking and commercial vehicle cases, federal minimum coverage requirements mean that commercial policies are often substantial. Scott knows how to identify every applicable source of recovery.

What The Reizen Law Group Does Differently

Scott handles wrongful death cases with the same direct, documentation-driven approach he brings to all serious personal injury matters and with the recognition that these clients are in a different situation than someone who was injured and is managing their own recovery. They’ve lost someone. The pace of litigation has to be sensitive to that reality without ever compromising the advocacy.

The insider advantage matters in wrongful death because these cases are often driven by insurance dynamics that families don’t see. The at-fault party’s insurer starts reserving the case estimating what it will cost to resolve within days of the death. Scott knows how that process works, what factors drive reserves up and down, and how to position a case to get a result that actually reflects what the family lost.

Over two decades of experience. Thousands of cases resolved. No fee unless we win.

Common Causes of Wrongful Death Claims in Michigan

  • Auto accidents negligent or drunk drivers; truck driver negligence; motorcycle fatalities; hit-and-run
  • Premises liability fatal falls, inadequate security leading to homicide, structural failures
  • Medical malpractice surgical errors, diagnostic failures, medication errors, birth trauma; note that med mal wrongful death claims carry their own statute of limitations and procedural requirements distinct from standard PI
  • Trucking and commercial vehicle accidents FMCSA-regulated carriers; commercial policy limits
  • Product liability defective vehicles, medical devices, consumer products
  • Workplace accidents industrial equipment failures, construction accidents, employer negligence beyond workers’ compensation
  • Nursing home neglect when a resident’s death results from documented neglect or abuse
  • Dog attacks fatal dog maulings; relatively rare but fully covered by MCL 287.351

Frequently Asked Questions

Who can bring a wrongful death lawsuit in Michigan?

Only the personal representative of the deceased person’s estate can file the lawsuit. That person must be formally appointed through the probate court. Typically, a surviving spouse, adult child, or parent petitions for appointment. If no estate has been opened, that is the first step. Scott can walk you through the process.

My husband was killed in a car accident. Who receives the settlement money?

Settlement proceeds in a wrongful death case go to the estate and are distributed by the probate court under MCL 700.3924 to the deceased’s heirs and dependents. In most cases, the primary beneficiaries are the surviving spouse and dependent children. The court can allocate based on the relative losses each survivor experienced, which is why documentation of each family member’s relationship with and dependence on the deceased matters.

Can we recover for the pain and suffering my mother experienced before she died?

Yes. MCL 600.2922 expressly allows recovery for the pain and suffering experienced by the deceased between the time of injury and death. In cases where someone survived for hours, days, or weeks after a serious accident before dying, this element of damages can be significant.

What is the difference between the wrongful death claim and a survival action?

A wrongful death claim under MCL 600.2922 is brought on behalf of the survivors for their losses (financial support, companionship). A survival action under MCL 600.2921 is brought on behalf of the estate for the losses the deceased person experienced personally including pain and suffering before death and medical expenses. In most cases, both claims are pursued together. They are distinct legal theories with distinct damage categories.

How long do we have to file a wrongful death lawsuit?

Three years from the date of death under MCL 600.5805. Note that this is measured from the date of death, not the date of the accident that caused the death though in most cases those are the same day or close to it. In medical malpractice wrongful death cases, different timing rules apply. Don’t wait to consult with a lawyer.

What if the at-fault driver was uninsured?

If the deceased had uninsured motorist (UM) coverage on their auto policy, that coverage may be available to pay for wrongful death damages. UM coverage “steps into the shoes” of the uninsured driver and pays noneconomic damages up to the policy limit. Identifying all available coverage sources including umbrella policies, other household vehicle policies, and the deceased’s employer’s insurance if relevant is part of the early case analysis.

Talk to Scott

If your family has lost someone because of another party’s negligence, you deserve honest, experienced representation. Scott Reizen brings over two decades of Michigan personal injury experience to wrongful death cases and a clear commitment to fighting for what these families have actually lost. Call (248) 554-3440 for a free consultation. No fee unless we win. The first call costs nothing.

Wrongful Death

The law cannot give back what was lost. It can hold accountable those who caused it.

There is nothing harder than losing someone because of someone else’s carelessness or wrongdoing. The grief is immediate and total. The practical questions bills, insurance, what happens now don’t pause for it. And somewhere underneath all of that is the knowledge that this didn’t have to happen, that the death was caused by a negligent driver or a negligent property owner or a defective product, and that the people responsible are already talking to their lawyers. Scott Reizen takes wrongful death cases because these families deserve representation that is both aggressive and honest, from someone who understands what they’re facing and what Michigan law actually allows them to recover.

What Michigan Law Says About Wrongful Death

Michigan’s wrongful death statute is codified at MCL 600.2922. It is important to understand what the statute does and doesn’t do. Wrongful death is not a standalone cause of action it is a vehicle that allows a lawsuit to be brought on behalf of a deceased person’s estate when the underlying tort (negligence, gross negligence, intentional conduct) would have been actionable had the person survived.

The practical implication: every wrongful death case requires an analysis of the underlying liability theory was this an auto accident case? A premises liability case? A medical malpractice case? The cause of the death determines the legal framework, and the same legal rules that apply to the injured party when alive apply to the estate when they don’t survive.

Who files the case. A wrongful death action must be filed by the personal representative of the deceased person’s estate. A personal representative must be formally appointed through the probate court before the lawsuit can proceed. In most cases, a family member will petition for appointment. If a family member has already opened an estate proceeding, that representative has the authority. If no estate has been opened, that step comes first.

Who benefits. Under MCL 700.3924, the proceeds of a wrongful death settlement or judgment are distributed by the probate court to the deceased person’s heirs and dependents according to a specific statutory framework. This is not simply divided equally among all family members it depends on the relationship of the survivors to the deceased and their individual losses.

Damages. MCL 600.2922 allows recovery for:

  • Reasonable medical, hospital, and funeral and burial expenses
  • Compensation for the pain and suffering the deceased experienced from the time of injury until death
  • Loss of financial support what the deceased would have earned and provided to dependents
  • Loss of society and companionship the relationship, guidance, and presence the survivors have lost

The statute of limitations is three years from the date of death under MCL 600.5805.

How Wrongful Death Cases Work in Michigan

Wrongful death cases are among the most contentious personal injury matters because the stakes are high and the human dimension is profound. Defense attorneys know this, and they use it. They know that families in grief are emotionally exhausted and sometimes willing to accept inadequate settlements just to end the ordeal. They know that calculating the value of a life is uncomfortable, and they exploit that discomfort.

The damages analysis in a wrongful death case requires careful, documented work. Lost financial support depends on the deceased’s earnings history, career trajectory, age, and expected working years. It requires economic expert analysis actuarial projections, wage data, benefits calculations. Loss of society and companionship requires understanding and presenting the depth of the relationship: the role the deceased played in the family, the support they provided, the moments they are no longer present for. These are not abstract numbers. They are real losses that deserve to be quantified fully.

The insurance dynamics depend on how the death occurred. In auto cases, the at-fault driver’s liability insurance and, where applicable, the deceased’s own uninsured/underinsured motorist coverage are both in play. In premises cases, the property owner’s general liability policy governs. In trucking and commercial vehicle cases, federal minimum coverage requirements mean that commercial policies are often substantial. Scott knows how to identify every applicable source of recovery.

What The Reizen Law Group Does Differently

Scott handles wrongful death cases with the same direct, documentation-driven approach he brings to all serious personal injury matters and with the recognition that these clients are in a different situation than someone who was injured and is managing their own recovery. They’ve lost someone. The pace of litigation has to be sensitive to that reality without ever compromising the advocacy.

The insider advantage matters in wrongful death because these cases are often driven by insurance dynamics that families don’t see. The at-fault party’s insurer starts reserving the case estimating what it will cost to resolve within days of the death. Scott knows how that process works, what factors drive reserves up and down, and how to position a case to get a result that actually reflects what the family lost.

Over two decades of experience. Thousands of cases resolved. No fee unless we win.

Common Causes of Wrongful Death Claims in Michigan

  • Auto accidents negligent or drunk drivers; truck driver negligence; motorcycle fatalities; hit-and-run
  • Premises liability fatal falls, inadequate security leading to homicide, structural failures
  • Medical malpractice surgical errors, diagnostic failures, medication errors, birth trauma; note that med mal wrongful death claims carry their own statute of limitations and procedural requirements distinct from standard PI
  • Trucking and commercial vehicle accidents FMCSA-regulated carriers; commercial policy limits
  • Product liability defective vehicles, medical devices, consumer products
  • Workplace accidents industrial equipment failures, construction accidents, employer negligence beyond workers’ compensation
  • Nursing home neglect when a resident’s death results from documented neglect or abuse
  • Dog attacks fatal dog maulings; relatively rare but fully covered by MCL 287.351

Frequently Asked Questions

Who can bring a wrongful death lawsuit in Michigan?

Only the personal representative of the deceased person’s estate can file the lawsuit. That person must be formally appointed through the probate court. Typically, a surviving spouse, adult child, or parent petitions for appointment. If no estate has been opened, that is the first step. Scott can walk you through the process.

My husband was killed in a car accident. Who receives the settlement money?

Settlement proceeds in a wrongful death case go to the estate and are distributed by the probate court under MCL 700.3924 to the deceased’s heirs and dependents. In most cases, the primary beneficiaries are the surviving spouse and dependent children. The court can allocate based on the relative losses each survivor experienced, which is why documentation of each family member’s relationship with and dependence on the deceased matters.

Can we recover for the pain and suffering my mother experienced before she died?

Yes. MCL 600.2922 expressly allows recovery for the pain and suffering experienced by the deceased between the time of injury and death. In cases where someone survived for hours, days, or weeks after a serious accident before dying, this element of damages can be significant.

What is the difference between the wrongful death claim and a survival action?

A wrongful death claim under MCL 600.2922 is brought on behalf of the survivors for their losses (financial support, companionship). A survival action under MCL 600.2921 is brought on behalf of the estate for the losses the deceased person experienced personally including pain and suffering before death and medical expenses. In most cases, both claims are pursued together. They are distinct legal theories with distinct damage categories.

How long do we have to file a wrongful death lawsuit?

Three years from the date of death under MCL 600.5805. Note that this is measured from the date of death, not the date of the accident that caused the death though in most cases those are the same day or close to it. In medical malpractice wrongful death cases, different timing rules apply. Don’t wait to consult with a lawyer.

What if the at-fault driver was uninsured?

If the deceased had uninsured motorist (UM) coverage on their auto policy, that coverage may be available to pay for wrongful death damages. UM coverage “steps into the shoes” of the uninsured driver and pays noneconomic damages up to the policy limit. Identifying all available coverage sources including umbrella policies, other household vehicle policies, and the deceased’s employer’s insurance if relevant is part of the early case analysis.

Talk to Scott

If your family has lost someone because of another party’s negligence, you deserve honest, experienced representation. Scott Reizen brings over two decades of Michigan personal injury experience to wrongful death cases and a clear commitment to fighting for what these families have actually lost. Call (248) 554-3440 for a free consultation. No fee unless we win. The first call costs nothing.