Wrongful Death
Survival vs. wrongful death, who can recover, and how the Wrongful Death Act distributes proceeds.
Wrongful Death Definitions
Survival vs. wrongful death, who can recover, and how the Wrongful Death Act distributes proceeds.
- B Beneficiaries (Wrongful Death) Link
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Under Michigan's Wrongful Death Act (MCL 600.2922), damages recovered in a wrongful death claim are distributed to the deceased's surviving spouse, children, descendants, parents, grandparents, and siblings - in the order of priority established by law. Adult children with no financial dependency on the deceased can still recover for their grief, loss of companionship, and mental anguish.
- D Damages (Wrongful Death) Link
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Michigan's Wrongful Death Act (MCL 600.2922) allows recovery for the deceased's pain and suffering before death; reasonable medical, funeral, and burial expenses; loss of financial support; loss of services; and the survivors' grief, mental anguish, loss of society, companionship, comfort, guidance, and affection.
See also - M Michigan Wrongful Death Act Link
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MCL 600.2922, which allows the personal representative of a deceased person's estate to bring a lawsuit on behalf of surviving family members when the death was caused by another's wrongful act, neglect, or fault. The wrongful death action must be filed within 3 years of the date of death (MCL 600.5805(2)). Learn about Michigan wrongful death claims.
- P Personal Representative Link
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The individual appointed by a probate court to administer a deceased person's estate. In a Michigan wrongful death case, the personal representative has the legal authority to file and prosecute the lawsuit on behalf of the estate and the beneficiaries.
- S Survival Action Link
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A claim that the deceased person could have brought if they had lived, which "survives" their death and can be prosecuted by the estate. In Michigan, survival claims for pain and suffering prior to death, medical expenses, and economic losses can be combined with a wrongful death claim.
This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.