Damages In a Michigan Negligent Death Case

June 10, 2016 | Thomas L. Stroble
Damages In a Michigan Negligent Death Case
Wrongful Death Concept

Most people are not aware of the fact that there is a wrongful death every five minutes[1] in the United States.   This equates to more than 100,000 children, teenagers, and adults sustaining untimely deaths each and every year. A majority of the traffic related wrongful deaths involve teenage drivers between the age of 16-21.

If a loved one was killed in an auto or trucking accident, the emotional and financial toll on the family can be devastating.  While financial restitution from the individual responsible for the wrongful death cannot take the place of your family member, you should still consider speaking to an experienced Michigan negligent death attorney to discuss your legal options and determine what compensation you are entitled to receive.

Section 600.2922[2] of the Michigan statute provides:

“Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages…”

Who Can File a Michigan Wrongful Death Claim?

In Michigan, the following family members of the deceased person can seek compensation via a wrongful death claim:

  • spouse and children
  • parents and grandparents
  • brothers and sisters
  • children of the deceased person's spouse, and
  • anyone who is left property in the deceased person's will.

If none of these people are living or if the deceased person had no will, anyone who could inherit the deceased person's estate may receive damages in a wrongful death case. This may include aunts and uncles or first cousins.

What Damages Can the Family Members Receive?

Under Michigan law, there are many different types of damages that may be available in a wrongful death case including:

  • Hospital and medical expenses
  • Lost wages and income including the value of wages and income the individual would have earned in the future if they had survived
  • Costs for damaged property
  • Funeral and burial expenses
  • Pain and suffering endured by the deceased family member

Michigan Wrongful Death Attorneys

If a loved one was killed as a result of the actions of another person or business entity, it is important to speak to a Michigan wrongful death attorney to discuss the complex legal issues that apply to these types of cases.  Call Michigan Injury Lawyers at 313-GET-HELP for a free consultation today.


[1] http://www.cdc.gov/nchs/data/nvsr/nvsr65/nvsr65_02.pdf
[2] http://www.legislature.mi.gov/(S(lccay1o0ao42zsrg0bzl0igq))/mileg.aspx?page=GetObject&objectname=mcl-600-2922

Thomas L. Stroble Author Image

Thomas L. Stroble


Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.

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