Police Brutality & Civil Rights
Wrongful Death & Survival
3 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Wrongful Death & Survival
3 statutes"If a person dies as a result of a wrongful act, neglect, or fault of another, the personal representative of the estate of the deceased person may maintain an action for damages against the person who is liable for the wrongful act, neglect, or fault. This right of action survives and may be prosecuted regardless of the identity or status of the defendant."Read Full Statute
Michigan's Wrongful Death Act allows the estate of a person killed by police violence or civil rights violations to sue for economic losses, loss of companionship for surviving family members, and funeral expenses. A death at the hands of government actors does not eliminate or reduce these rights.
If your family member was killed by police — in a shooting, an in-custody death, or another use of force — the Wrongful Death Act is the foundation of your state-law claim alongside the federal § 1983 civil rights action.
We have obtained multi-million dollar verdicts for families of police violence victims in Michigan, pursuing both state wrongful death claims and federal § 1983 claims simultaneously to maximize recovery.
"Except as otherwise provided, all claims and demands whatsoever, and all rights and causes of actions, whether arising on contract or otherwise, shall survive and may be prosecuted or defended by or against the personal representative of a deceased person in the same manner as if that person had not died."Read Full Statute
When a police brutality victim dies — immediately from use of force or later from related injuries — their existing civil rights and personal injury claims survive and transfer to their estate. The estate can recover for the decedent's pre-death pain, suffering, and conscious anguish.
The moments of terror, pain, and awareness before death are legally compensable under the survival statute. This is separate from the wrongful death damages available to the family.
We always assert both survival and wrongful death claims in police-caused death cases to capture every category of recoverable damages for both the victim's estate and surviving family members.
"In an action for the wrongful death of a person, the estate of the deceased may recover for the conscious pain and suffering and mental anguish experienced by the deceased person from the time of injury to the time of death, in addition to all other damages provided by law."Read Full Statute
Michigan law allows recovery for conscious pre-death pain and suffering when a victim was aware of their injury between the time force was applied and their death. The duration of consciousness and level of suffering are key factors in calculating these damages.
In police shooting and in-custody death cases, documenting the period of consciousness after the use of force can significantly increase the survival damages available to the estate.
We work with medical experts and first responders to establish the duration of consciousness and degree of suffering between the use of force and death, maximizing survival damages for the victim's estate.