Losing someone to another person's negligence is a different kind of grief. It is grief combined with injustice, with unanswered questions, with the knowledge that the loss did not have to happen. At the same time that families are trying to cope with that loss, they are being contacted by insurance adjusters, confronted with medical bills and funeral costs, and left to figure out a legal system they have never had to navigate before.
Wrongful death has been at the center of Hamo Law's practice since George Hamo opened the firm in 1981. It is not a secondary practice area or an occasional case type. It is the work this firm was built around, and it is the work we have done every day for over four decades. We understand what these cases require legally, and we understand what families need from an attorney during one of the most painful periods of their lives.
Consultations are free. No fee unless we win. Call us at 810-234-3667.
What Is a Wrongful Death Claim in Michigan?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person's family when the death was caused by the negligence, recklessness, or misconduct of another party. It is separate from any criminal proceedings that may arise from the same events. A person can be acquitted in a criminal case and still be held civilly liable for a wrongful death, because the standards of proof are different.
Michigan's wrongful death statute allows the personal representative of the deceased person's estate to bring a claim on behalf of the surviving family members. The purpose of the claim is to compensate those family members for the losses they have suffered as a result of the death, including the financial support the deceased provided, the companionship they brought to the family, and the pain and suffering they endured before they died.
Michigan law also recognizes what is called a survival action, which is brought alongside the wrongful death claim. While the wrongful death claim compensates the surviving family, the survival action recovers damages for the harm the deceased person experienced between the time of the injury and the time of death. Together, these two components allow the full scope of the tragedy to be pursued in a single legal proceeding.
Who Can File a Wrongful Death Claim in Michigan?
Under Michigan's wrongful death statute, the claim is filed by the personal representative of the deceased person's estate. The personal representative is typically named in the deceased's will or appointed by a probate court if no will exists. That person files the lawsuit on behalf of all eligible beneficiaries.
The statute designates which family members are entitled to share in any recovery. Eligible beneficiaries can include:
- The deceased's spouse
- Children and grandchildren
- Parents and grandparents
- Brothers and sisters
- Any other person who was dependent on the deceased at the time of death
In cases where no will exists and no personal representative has been appointed, the family will need to take steps through probate court before a wrongful death lawsuit can be filed. We help families navigate that process so that the legal timeline is not compromised.
What Damages Can a Wrongful Death Claim Recover?
Michigan's wrongful death statute allows surviving family members to pursue compensation for a wide range of losses. The damages available fall into two broad categories.
Economic damages cover the measurable financial losses the family has suffered, including:
- The financial support the deceased provided to the family and would have continued to provide over their expected lifetime
- The value of household services the deceased performed, such as childcare, home maintenance, and other contributions to the household
- Medical expenses incurred by the deceased between the time of injury and death
- Funeral and burial expenses
- Loss of the deceased's expected inheritance contributions to the estate
Non-economic damages compensate for the personal and relational losses that do not have a price tag but are no less real:
- Loss of companionship, society, and affection
- Loss of parental guidance and support for minor children
- Loss of consortium for a surviving spouse
- The grief, mental anguish, and emotional distress suffered by surviving family members
The value of a wrongful death claim depends significantly on the age of the deceased, their earning history and future earning potential, the financial dependence of surviving family members, and the strength of the relationships involved. A young parent with minor children and a long career ahead presents very different damages than an elderly person with grown children.
The Survival Action: Recovering for the Deceased's Suffering
Many families do not know that Michigan law allows a separate recovery for what their loved one experienced between the time they were injured and the time they died. This is called a survival action, and it travels alongside the wrongful death claim.
The survival action compensates the estate for the physical pain and suffering, mental anguish, and other damages the deceased personally experienced after the negligent act and before death. In cases where a person survived for hours, days, or weeks before dying, these damages can be substantial.
The survival action is brought by the personal representative of the estate, just like the wrongful death claim, and any recovery flows through the estate to be distributed according to the will or the laws of intestate succession. We make sure both components of a case are fully developed and fully valued.
How Michigan's Wrongful Death Statute Works
The personal representative of the deceased's estate is the party who files the wrongful death lawsuit. If the deceased had a will that names a personal representative, that person is typically confirmed by the probate court. If there is no will, the court appoints an administrator. In either case, the personal representative acts on behalf of all beneficiaries, not just themselves.
Key procedural points include:
- Statute of limitations. In Michigan, a wrongful death claim must generally be filed within three years of the date of death. Missing this deadline can permanently bar the claim. Some circumstances can affect this timeline, including claims involving government entities, which have much shorter notice requirements.
- Distribution of proceeds. After a recovery is reached, the proceeds are distributed among beneficiaries based on the losses each person suffered. If beneficiaries cannot agree on the distribution, a court will determine it.
- Probate involvement. Wrongful death proceeds in Michigan do not pass through the deceased's estate for purposes of creditor claims, which means they are protected from the estate's debts and distributed directly to beneficiaries.
How We Work With Grieving Families
We know that the families who call us are not coming to us at a good time in their lives. They are calling in the aftermath of a loss that has upended everything. We approach every wrongful death case with an understanding that our job is not just to litigate, but to carry a burden that families should not have to carry alone.
What working with Hamo Law looks like in practice:
- You will have direct access to your attorneys. Not a call center. Not a paralegal rotation. The attorneys who handle your case are available to you.
- We communicate clearly and consistently. We believe families deserve to know what is happening with their case at every stage, in plain language.
- We move at the pace the case requires, not the pace that is most convenient for us. Some wrongful death cases resolve through negotiation. Others go to trial. We are prepared for both and we will be honest with you about which path makes the most sense.
- We have walked this road with families for over 40 years. We understand the emotional terrain as well as the legal one, and we know how to help people get through it.
We Are Here for Your Family
No legal outcome restores what your family has lost. But accountability matters. Justice matters. And making sure your family is not left to absorb the financial devastation of someone else's negligence matters.
Hamo Law has stood with Michigan families through the most difficult cases imaginable for over 40 years. We are ready to stand with yours.
Call us at 810-234-3667, email ahamo@hamolaw.com, or fill out our contact form. Your consultation is free, and there is no fee unless we recover for you.
Relentless Advocacy. Compassionate Counsel.
