Wrongful Death Law in Michigan
This page covers wrongful death law as it applies in Michigan — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful death protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Michigan's wrongful death law allows certain surviving family members to seek compensation when someone dies due to another party's negligence or wrongful act, but the claim must be filed by a court-appointed personal representative of the deceased person's estate—not directly by the family members themselves. The first step is opening an estate in Michigan probate court to have a personal representative appointed. Deadlines can be very short in some situations, especially when a government agency may be responsible, so it is important to act quickly after a death.
Laws that govern wrongful death in Michigan
Michigan state law
- Michigan Wrongful Death ActMCL 600.2922
Establishes the right to bring a wrongful death action, requires the lawsuit to be filed by the estate's personal representative, defines eligible beneficiaries, and specifies the types of damages that may be recovered.
- Revised Judicature Act — Limitations on death and personal injury actionsMCL 600.5805
Sets the general 3-year period within which a wrongful death lawsuit must be filed after the date of death.
- Governmental Tort Liability Act — Notice requirement for highway defect claimsMCL 691.1404
Requires written notice to be served on a government agency within 120 days of the injury before a claim for death or injury caused by a defective road or highway can proceed.
- Revised Judicature Act — Survival actions by a personal representativeMCL 600.5852
Allows a personal representative to bring the deceased person's own pre-death claims within 2 years of the issuance of letters of authority by the probate court when the person died before their own limitations period ran.
Michigan-specific deadlines for wrongful death cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a wrongful death lawsuit: 3 years
The 3-year period runs from the date of the person's death. Missing this deadline will generally bar the claim entirely, regardless of how strong the underlying case may be.
MCL 600.5805
- Notice of injury deadline when a government road or highway defect caused the death: 120 days
Before suing a government agency for a death caused by a defective road or highway, a written notice describing the exact location and nature of the defect and the injury must be served on the agency within 120 days of the date the injury occurred. This deadline is strictly enforced by Michigan courts with no exceptions.
MCL 691.1404(1)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful death in Michigan.
Wrongful death lawsuits are filed in Michigan circuit courts, and the probate court must appoint the personal representative and approve distribution of any recovery; the Michigan Courts website provides forms, court locations, and procedural guidance.
- Michigan Legal Helplegal aid
A statewide nonprofit providing free plain-language legal information, self-help tools, and referrals to help Michigan residents navigate civil legal problems including estate and probate matters.
- State Bar of Michigan Lawyer Referral Servicebar referral
Connects Michigan residents with licensed attorneys by practice area; an initial reduced-fee consultation is typically available and the service is operated by the State Bar of Michigan.
A county-by-county directory of legal aid organizations and community legal services across Michigan for people who cannot afford a private attorney.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Michigan
- 1
Open an estate and have a personal representative appointed
Under Michigan Compiled Laws section 600.2922, a wrongful death lawsuit can only be filed by the personal representative of the deceased person's estate. A family member or other interested person must petition the probate court in the county where the deceased lived to have someone appointed to that role.
- 2
Preserve evidence and document the circumstances of the death
Gather police and accident reports, medical records, photographs, witness names, and any other materials that show how the death occurred and who may be responsible. This documentation will be needed to establish fault and to calculate damages.
- 3
Check for urgent notice requirements if a government agency may be involved
If the death was caused by a defective road or highway maintained by a government agency, Michigan Compiled Laws section 691.1404 requires written notice of the injury to be served on that agency within 120 days of the date the injury occurred. Missing this deadline will likely bar any recovery entirely.
- 4
Identify eligible surviving family members and beneficiaries
Michigan Compiled Laws section 600.2922 specifies who may receive compensation, including the deceased's spouse, children, parents, grandparents, and siblings, as well as certain beneficiaries named in the deceased's will. The personal representative must notify these individuals after the lawsuit is filed.
- 5
File the wrongful death lawsuit within 3 years of the date of death
Most wrongful death cases in Michigan must be filed within 3 years of the date of death under Michigan Compiled Laws section 600.5805. Waiting too long will permanently bar the right to seek compensation, regardless of the merits of the case.
- 6
Obtain probate court approval for the distribution of any recovery
Michigan law requires a probate court judge to approve how any settlement or verdict proceeds are divided among eligible family members and the estate. Each person entitled to damages must present their claim to the personal representative before the court's scheduled distribution hearing.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful death in Michigan
Who is allowed to file a wrongful death lawsuit in Michigan?
Only the personal representative of the deceased person's estate may file a wrongful death lawsuit in Michigan, as required by Michigan Compiled Laws section 600.2922. Family members cannot sue on their own behalf—a personal representative must first be appointed by the probate court. That person then pursues the claim on behalf of all eligible surviving family members and the estate.
Which family members can receive compensation from a Michigan wrongful death case?
Michigan Compiled Laws section 600.2922 identifies who may be entitled to damages, including the deceased's surviving spouse, children, descendants, parents, grandparents, brothers, and sisters. Certain beneficiaries named in the deceased's will or a living trust connected to the will may also qualify. If none of those individuals survive the deceased, compensation may pass to heirs under Michigan's intestate succession law.
What types of losses can be compensated in a Michigan wrongful death case?
Under Michigan Compiled Laws section 600.2922, a court or jury may award damages it finds fair and equitable under all the circumstances. Recoverable losses include reasonable medical, hospital, funeral, and burial expenses; compensation for any pain and suffering the deceased experienced while conscious before death; the loss of financial support the survivors would have received; and the loss of the deceased's society and companionship.
How long does Michigan law give to file a wrongful death lawsuit?
In most cases, a wrongful death lawsuit must be filed within 3 years of the date of death under Michigan Compiled Laws section 600.5805. Shorter deadlines may apply in specific situations—for example, a death caused by a defective government road requires written notice to the responsible agency within 120 days of the injury. Because the applicable deadline depends on the facts of each case, consulting an attorney soon after the death is important.
What if the death was caused by a dangerous road or bridge owned by the government?
Government agencies in Michigan generally have immunity from lawsuits, but there is an exception for deaths caused by defective roads and highways. Under Michigan Compiled Laws section 691.1404, a written notice describing the specific defect and the injury must be served on the responsible government agency within 120 days of the date the injury occurred. Michigan courts have held this deadline is strictly enforced and there is no exception even if the agency suffered no harm from the delay.
Does the person responsible for the death have to be found guilty of a crime before a wrongful death suit can proceed?
No. A wrongful death lawsuit is a civil case that is completely separate from any criminal prosecution. Michigan Compiled Laws section 600.2922 expressly allows a wrongful death action to be brought even when the death was caused under circumstances that also constitute a felony. A civil case requires a lower standard of proof than a criminal case, so a family may succeed in a wrongful death suit even if no criminal conviction results.
What happens if the deceased person was partly at fault for the events leading to the death?
Michigan applies a comparative fault system in civil cases that reduces a family's recovery in proportion to the share of fault attributed to the deceased. If a court or jury finds the deceased was more than 50 percent responsible for the death, the family generally may not recover noneconomic damages such as loss of companionship, though economic damages such as lost financial support and funeral expenses may still be available in a reduced amount.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.