Losing a parent, spouse, child, or sibling in an accident someone else caused changes everything, often within a matter of hours. When that loss results from another party’s wrongful act or neglect, Michigan law allows the personal representative of the estate to pursue financial accountability against the person or company responsible.
Funeral costs land within days of a loss. Medical bills from a final hospital stay follow soon after, and the income a spouse or parent once brought home disappears along with them.
At Goodman Acker, we represent Southfield families after the death of a parent, spouse, child, or sibling caused by someone else’s carelessness. Our Southfield wrongful death lawyers immediately begin gathering records, identifying every liable party, and pursuing the full value of your family’s claim.
Our firm handles the legal and financial pressure points so your family can make decisions about what comes next, not about how to pay for it. Some calls come from a spouse who has never managed a household budget alone.
Others come from an adult child trying to settle a parent’s affairs while grieving. Our compassionate team handles both with sensitivity.
Goodman Acker builds the legal strategy around the family in front of us, not a standard script. Call 248-861-8100 for a free case review with our Southfield wrongful death lawyers today.
What Qualifies As A Wrongful Death Claim In Michigan?
A wrongful death claim exists whenever a person’s death results from the negligent, reckless, or intentional act of another person or company, in circumstances that would have supported a personal injury claim had the victim survived.
Michigan law extends this right to the deceased person’s estate, allowing the personal representative to step into the role the victim would have held. Our firm represents Southfield families across a broad set of circumstances, including the following:
- Car and commercial truck crashes
- Motorcycle and pedestrian accidents
- Workplace and construction site incidents
- Defective products and equipment failures
- Medical negligence resulting in death
- Nursing home neglect and abuse
- Unsafe property conditions and premises hazards
These circumstances each carry a distinct evidence trail, insurance structure, and set of potential defendants. Identifying every party who contributed to a death, not just the most obvious one, often determines how much your family eventually recovers.
A trucking company, a property management firm, and a maintenance contractor can all share responsibility for a single incident. Get in touch to discuss who is responsible for your loss.
Can You File A Civil Claim If Criminal Charges Are Also Pending?
Yes, and the two cases move on separate tracks. A criminal prosecution exists to punish the person responsible, while a civil wrongful death claim exists to compensate your family for what the loss actually costs you financially and emotionally.
Michigan law specifically allows a wrongful death claim to proceed even when the death occurred under circumstances that amount to a felony.
The standard of proof also differs between the two systems. Criminal courts require proof beyond a reasonable doubt, while civil courts only require a preponderance of the evidence, meaning it is more likely than not that the defendant caused the death.
In contrast to a criminal case, your family does not need to wait for a conviction, or even a criminal charge, before our firm pursues a civil claim on your behalf.
A prosecutor’s decision not to file charges, or a not-guilty verdict, does not end your family’s options either. Prosecutors weigh different priorities than a civil case requires, and a lower civil standard of proof means a wrongful death claim can still move forward and succeed on its own facts.
Speak with our Southfield wrongful death lawyers for guidance on your next steps. Consultations are free.
Who Can Recover Compensation After A Fatal Accident In Southfield?
Only the personal representative of the deceased person’s estate may file a wrongful death lawsuit in Michigan, though the recovery itself is distributed among the surviving family. A judge in Oakland County Probate Court typically appoints that representative shortly after the case opens.
Michigan law identifies the people who may share in a wrongful death recovery:
- The deceased person’s spouse
- Children and grandchildren
- Parents
- Brothers and sisters
- Other devisees named in the deceased person’s will
If your family has not yet opened an estate or appointed a personal representative, our Southfield wrongful death lawyers walk you through that probate step alongside the civil claim, so one process does not hold up the other.
When more than one family member qualifies, the court looks at each person’s relationship to the deceased and degree of dependency before any funds change hands. A minor child who relied on the deceased for daily support, for example, may be treated differently than an adult sibling living independently.
Speak with our attorneys, no obligation, no cost.
What Compensation Can Our Southfield Wrongful Death Lawyers Pursue For Your Family?
Michigan law allows several categories of damages in a wrongful death case under the Michigan Wrongful Death Act, Michigan Compiled Laws (MCL) 600.2922. The value of each depends heavily on the facts of your loved one’s life and the circumstances of the death. Recoverable damages typically include:
- Funeral and Burial Expenses: Costs already paid or owed for services, burial, or cremation are recoverable directly from the at-fault party.
- Lost Financial Support: This covers income, benefits, and household contributions your family would have received over your loved one’s expected working years.
- Loss of Society and Companionship: Michigan law recognizes the value of the relationship itself, separate from any financial loss.
- Conscious Pain and Suffering: If your loved one survived for any period between the injury and death, the estate may recover for that suffering.
Insurance adjusters often undervalue non-economic losses because they don’t appear on a pay stub or invoice. Our Southfield wrongful death lawyers work with financial and medical professionals to put a defensible number on what your family actually lost.
Unlike some personal injury claims, Michigan places no statutory cap on economic damages, such as lost income, in a wrongful death case. However, every claim still has to be supported by documentation our team builds from the start.
Find out what your case may be worth in a free consultation.
How Long Do You Have To File A Wrongful Death Lawsuit In Michigan?
Michigan gives most families three years from the date of death to file a wrongful death lawsuit, under MCL 600.5805(2). Courts apply this deadline strictly, and missing it generally bars the claim, no matter how compelling the underlying facts are.
Three years sounds like a wide window until you account for how long an investigation, an estate appointment, and settlement talks with an insurer can actually take. Filing early preserves access to surveillance footage, vehicle data, and witness accounts before they become harder to locate.
Families who wait until the deadline approaches often find their options narrower than they expected. Special rules can pause this clock in limited situations, such as when a surviving minor child is the only person entitled to file, though the three-year deadline still controls in most Southfield wrongful death cases.
Our firm calculates the applicable deadline as part of every initial case review.
What If A Government Vehicle Or Government Employee Caused The Death?
Claims against a city, county, or state agency follow a much shorter timeline than claims against a private party. MCL 600.6431 generally requires written notice of intent to sue the State of Michigan within one year of the date a claim accrues.
A shorter six-month notice applies to certain property damage and personal injury claims against the state under that same statute. A bus, snowplow, police vehicle, or municipal work crew can all trigger this notice requirement.
Our firm reviews who owned and operated the vehicle or property involved before filing. Government immunity rules in Michigan can shield a defendant entirely if a family misses one of these shorter windows, so this is one deadline our team checks first.
How Does The Wrongful Death Claims Process Work In Oakland County?
Southfield wrongful death lawsuits are generally filed in Oakland County Circuit Court in Pontiac, where a judge oversees both the civil claim and, later, the distribution of any settlement or verdict. The process generally follows a consistent path from intake to resolution. That path includes:
- Investigation and evidence preservation
- Filing the wrongful death complaint
- Settlement negotiations with the insurer or defendant
- Trial, if a fair settlement is not offered
- Court-supervised distribution of the proceeds
Most wrongful death claims resolve through negotiation rather than trial, though our firm prepares every case as though it will reach a jury. Insurance companies generally offer more once they recognize a firm is prepared to try the case rather than settle quickly for less than it is worth.
Throughout negotiations, our team explains each offer in plain terms and gives a clear recommendation on whether to accept, reject, or counter it. Court approval is not optional under Michigan law.
Under the Estates and Protected Individuals Code (EPIC), MCL 700.3924, a court must approve how a wrongful death settlement is divided among the estate and surviving family members before funds are released, even when everyone involved already agrees on the split.
What Should You Bring To A Free Consultation With Our Southfield Wrongful Death Lawyers?
A consultation goes more smoothly when our Southfield wrongful death lawyer team can review documents already in your family’s possession, though missing paperwork never prevents the conversation from happening. Helpful items include:
- Police or incident reports
- Medical records and the death certificate
- Insurance policies and any claim correspondence
- Photographs, video, or witness contact information
- Bills already received for funeral or medical costs
Our firm takes wrongful death cases on a contingency fee basis. Your family pays nothing upfront and owes a fee only if we recover compensation on your behalf. Consultations remain free and available 24/7, by phone or in person at a time that works for your family.
Questions Southfield Families Ask Before Calling A Wrongful Death Lawyer
How Soon Should You Contact Our Southfield Wrongful Death Lawyers After A Fatal Accident?
Reaching out within the first few days gives our team the strongest chance to secure surveillance footage, vehicle data, and witness statements before they become difficult to obtain. There is no requirement to wait until funeral arrangements are complete or an estate is opened.
What Happens If The At-Fault Driver Or Property Owner Has No Insurance?
Our firm pursues every available source of recovery, including the at-fault party’s personal assets, other businesses or property owners who share liability, and any uninsured or underinsured motorist coverage carried by the deceased person’s own auto policy.
Does It Matter If The Fatal Accident Happened Outside Southfield?
No. Many Southfield families lose a loved one in an accident that happened elsewhere in Michigan. Venue rules generally allow a case to proceed in the county where the defendant lives, works, or where the incident occurred, and our firm handles that determination for you.
Will Your Family Have To Go To Court Or Testify?
Not necessarily. Most wrongful death claims settle before trial, and even when a lawsuit is filed, many family members never testify in person. We prepare you for that possibility early, walking through what a deposition or court appearance would involve, so nothing about the process catches your family off guard.
Why Southfield Families Choose Goodman Acker After A Wrongful Death.
Our attorneys have secured millions for clients and have been offering legal solutions for over 30 years. Results backed by over 150 years of experience support every case our trial team takes on.
That record is built one Southfield family at a time, not through volume alone. Our firm limits the number of wrongful death cases handled at once so each family receives direct access to their attorney, paralegal, and assistant working on their case.
We will get to know you and your family, and you won’t feel like a number. Reach out to our Southfield wrongful death lawyers right now for a free conversation about your family’s case and what happens next.
LEGALLY REVIEWED BY BARRY J. GOODMAN
Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]
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