Losing a loved one due to someone else’s negligence or intentional actions is a devastating experience. In such tragic cases, surviving family members in Michigan have the legal right to pursue a wrongful death claim. This type of lawsuit provides a pathway to seek justice and compensation for the loss, helping cover funeral costs, lost income, and emotional suffering.
If you’re considering this legal action, understanding the process is crucial. In this comprehensive guide, we’ll walk you through how to file a wrongful death claim in Michigan, step-by-step, and explain how a seasoned legal partner like Barrix Law Firm can support you during this difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to the negligence, recklessness, or intentional act of another party. In Michigan, these claims are governed by the Michigan Wrongful Death Act (MCL 600.2922). It allows certain family members to seek compensation for the damages they’ve suffered because of their loved one’s death.
Common causes of wrongful death include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Criminal acts (e.g., assault or homicide)
- Defective products
Who Can File a Wrongful Death Claim in Michigan?
In Michigan, the wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the executor named in the decedent’s will or appointed by the probate court if no will exists.
Although only the personal representative can file the lawsuit, certain family members can be beneficiaries of the claim, including:
- Spouse
- Children
- Parents
- Grandparents
- Siblings
- Anyone who can prove they were financially dependent on the deceased
Step-by-Step Guide to Filing a Wrongful Death Claim in Michigan
Let’s break down the steps involved in filing a wrongful death lawsuit in Michigan:
Step 1: Consult a Michigan Wrongful Death Lawyer
The first and most important step is consulting a qualified Michigan Wrongful Death Lawyer. An experienced attorney will evaluate your case, determine if it meets the legal requirements, and guide you through each stage of the legal process.
Barrix Law Firm has a strong track record of representing families in wrongful death cases. Their legal team provides compassionate, personalized support while aggressively pursuing justice on your behalf.
Step 2: Open a Probate Estate
Before filing the lawsuit, the estate of the deceased must be opened in probate court. The court will appoint a personal representative if one has not already been designated. This person is responsible for filing the wrongful death claim and distributing any awarded compensation to the eligible beneficiaries.
Step 3: Gather Evidence
Building a strong case requires substantial evidence. Your lawyer will help gather the necessary documentation, which may include:
- Death certificate
- Medical records
- Police reports
- Witness statements
- Expert testimonies (e.g., accident reconstruction specialists)
- Financial records to demonstrate economic losses
The goal is to establish that the defendant’s actions directly caused the death and to quantify the damages suffered by the surviving family members.
Step 4: File the Wrongful Death Lawsuit
Once sufficient evidence is collected and the probate estate is opened, the wrongful death claim can be formally filed in the appropriate civil court. This complaint outlines:
- The facts of the case
- The legal basis for the claim
- The damages being sought
Michigan law generally requires wrongful death claims to be filed within three years of the date of death. Missing this deadline could result in losing your right to seek compensation, so it’s critical to act promptly.
Step 5: Notify Family Members
After filing the claim, the personal representative must notify all eligible family members who may have a stake in the lawsuit. This includes giving them the opportunity to join the case or provide input on settlement decisions.
Step 6: Settlement Negotiations or Trial
Many wrongful death cases are resolved through negotiations or mediation before going to trial. Your attorney will work with the opposing party to secure a fair settlement. If a settlement can’t be reached, the case proceeds to trial, where a judge or jury will determine liability and award damages.
Barrix Law Firm is well-equipped to handle both out-of-court settlements and aggressive litigation in the courtroom.
What Damages Can Be Recovered?
A successful wrongful death claim can result in compensation for various economic and non-economic losses, including:
Economic Damages:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased’s income and financial support
- Loss of services (e.g., childcare, household work)
Non-Economic Damages:
- Pain and suffering experienced by the deceased before death
- Loss of companionship, guidance, and emotional support
- Mental anguish and grief experienced by family members
These damages aim to ease the financial burden and provide some form of justice to those left behind.
Common Challenges in Wrongful Death Cases
Wrongful death lawsuits can be complex. Some challenges you might face include:
- Proving liability: Especially if multiple parties are involved or evidence is limited.
- Valuing non-economic losses: Calculating the emotional impact and loss of companionship can be subjective.
- Insurance company resistance: Insurers may try to minimize payouts or deny liability.
- Family disputes: Conflicts can arise among beneficiaries over settlements and distribution.
Having a skilled legal team like Barrix Law Firm by your side can make a significant difference in overcoming these hurdles.
Why Choose Barrix Law Firm?
Barrix Law Firm is one of Michigan’s leading legal firms with deep expertise in wrongful death cases. Here’s why families trust them:
✅ Personalized Legal Attention
Each case is handled with compassion and dedication. You’re not just a case number.
✅ Aggressive Representation
They fight to maximize compensation and hold negligent parties accountable.
✅ Proven Track Record
With numerous successful verdicts and settlements, Barrix Law Firm has built a reputation for excellence in personal injury and wrongful death law.
✅ No Fees Unless You Win
They work on a contingency fee basis, meaning you pay nothing unless they win your case.
Final Thoughts
Filing a wrongful death claim in Michigan can be emotionally draining and legally complicated—but you don’t have to go through it alone. With the right legal support, you can seek justice and financial relief for the devastating loss of your loved one.
If you’re considering a wrongful death lawsuit, reach out to Barrix Law Firm for a free consultation. Their team of dedicated professionals is here to guide you every step of the way.
📞 Call today or visit barrixlaw.com to learn more.
