Michigan law does not allow just anyone to file a wrongful death lawsuit. Only the personal representative of the deceased person’s estate has the legal standing to bring the claim.
Many grieving families do not know that, and the process of appointing a personal representative through probate court takes time that counts against your filing deadline.
A Sterling Heights wrongful death lawyer at Goodman Acker guides families through both sides of that process: establishing the legal right to file and building the strongest possible case against the party responsible for your loved one’s death.
We represent families in Macomb County and throughout Michigan who have lost a spouse, parent, or child because of someone else’s negligence.
If your family lost someone due to a preventable accident or medical error, call 248-483-5000 to understand your legal options before the filing window closes.
How Our Sterling Heights Wrongful Death Lawyers Help Macomb County Families
We have pursued wrongful death claims arising from auto accidents, trucking collisions, medical errors, and unsafe property conditions for over three decades.
Our attorneys recovered a $1.925 million settlement for the wrongful death of a pedestrian struck on the Lodge Freeway and a $735,000 wrongful death recovery in Wayne County.
Although past results do not guarantee future outcomes, those cases reflect how we approach the combination of grief, legal procedure, and aggressive litigation that wrongful death claims demand.
What Makes Our Approach Different
Wrongful death cases require coordination across multiple fronts at the same time.
We help families with the probate process to establish the personal representative, while simultaneously preserving evidence, obtaining records, and building the liability case against the responsible party.
You work with one attorney, one paralegal, and one assistant from our Sterling Heights office throughout the entire matter. That team knows your family’s situation, and you reach them directly by phone whenever you need to.
We take wrongful death cases on a contingency fee basis, so your family pays no attorney fees unless we recover compensation.
Who Has the Right to File a Wrongful Death Lawsuit in Michigan?
Only the personal representative of the deceased person’s estate may file a wrongful death lawsuit in Michigan under MCL 600.2922. The personal representative is the person appointed by a probate court to manage the estate’s legal and financial affairs.
How the Personal Representative Gets Appointed
If your loved one had a will, the will likely names an executor who may serve as the personal representative.
If there was no will, a family member must petition the Macomb County Probate Court (or the appropriate county probate court) to be appointed as personal representative of the estate.
That petition requires specific filings, and the court must approve the appointment before the wrongful death case moves forward.
Who Benefits from the Lawsuit
Although only the personal representative files the case, the compensation recovered benefits the deceased person’s surviving family members. Michigan’s wrongful death statute identifies the spouse, children, parents, grandchildren, and other dependents or next of kin as potential beneficiaries. The personal representative acts on behalf of all eligible survivors, not just themselves.
The distinction between who files and who benefits is one of the most commonly misunderstood parts of wrongful death law in Michigan. Families who delay because they are unsure whether they have the right to sue may lose valuable time that affects the strength of their case.
What Causes of Action Lead to Wrongful Death Claims in Sterling Heights?
A wrongful death claim in Michigan arises when someone dies because of another party’s negligence, recklessness, or intentional misconduct.
The claim is based on the same legal theory that the deceased person would have pursued as a personal injury case had they survived.
Wrongful death claims in Sterling Heights and Macomb County commonly arise from:
- Fatal car accidents caused by distracted, impaired, or reckless drivers on roads like M-59, Van Dyke Avenue, and Mound Road
- Trucking and commercial vehicle collisions involving driver fatigue, overloaded cargo, or mechanical failure
- Medical malpractice, including fatal surgical errors, missed diagnoses, and birth injuries resulting in infant death
- Premises liability incidents such as fatal falls from unguarded heights, structural collapses, or electrocution on unsafe property
- Nursing home neglect leading to fatal infections, medication errors, or unattended medical emergencies
Each of these case types involves different evidence, different defendants, and different legal standards.
A trucking death may involve federal motor carrier regulations, while a medical malpractice death requires the notice of intent and affidavit of merit discussed on our medical malpractice page.
What Compensation Does Michigan’s Wrongful Death Statute Allow?
Michigan’s wrongful death statute (MCL 600.2922) allows the personal representative to recover two categories of damages: losses suffered by the estate and losses suffered by the surviving family members. The statute breaks these down into specific types of compensation.
| Category | What It Covers |
| Medical and Funeral Expenses | Final medical bills, hospital costs, ambulance, burial, and funeral costs |
| Lost Financial Support | The income and financial contributions the deceased would have provided to dependents |
| Loss of Companionship | The emotional loss of the relationship between the deceased and surviving family members |
| Pain and Suffering of the Deceased | Conscious pain the deceased experienced between the injury and death |
| Loss of Inheritance | The value of the estate that survivors would have received had the deceased lived a full life |
Michigan does not cap non-economic damages in most wrongful death cases. However, wrongful death claims based on medical malpractice are subject to the med mal non-economic damages cap under MCL 600.1483.
That distinction matters because it directly affects the total value of the case depending on how the death occurred.
How Long Do You Have to File a Wrongful Death Claim in Michigan?
In many Michigan wrongful death cases, the deadline to file is based on a three-year time limit for the negligence claim. However, the exact deadline can vary.
It may depend on the type of claim, when the claim began, when the personal representative was appointed, and whether Michigan’s wrongful death saving rule applies.
Why Medical Malpractice Deaths Have More Complicated Deadlines
Wrongful death claims involving medical malpractice often move on a tighter and more complicated timeline than other negligence cases.
Michigan law generally gives patients two years to bring a medical malpractice claim, and a family may also need to serve a 182-day notice of intent before filing a lawsuit.
In a wrongful death case, the deadline may also be affected by the probate process, the date a personal representative is appointed, and Michigan’s wrongful death saving provision.
These rules are highly fact-specific, so families should not assume they have the full three years that may apply in other wrongful death cases.
Speaking with a wrongful death attorney early can help protect the filing deadline and preserve the claim.
Why the Probate Process Adds Time Pressure
Appointing a personal representative through probate court takes weeks or months. That process must happen before the wrongful death lawsuit is filed.
In some cases, Michigan law under MCL 600.5852 may allow a limited extension of the filing deadline after a personal representative is appointed. However, these saving provisions are complex, time-sensitive, and subject to outer limits that vary by case type.
Families who rely on these extensions without legal guidance risk misjudging their deadline.
Starting early protects your family’s rights even if the case itself takes time to develop. Call 248-483-5000 to discuss your timeline with a wrongful death attorney in Sterling Heights, MI.
What Evidence Strengthens a Wrongful Death Case?
Building a wrongful death case requires evidence that proves both how the death occurred and what the deceased person’s life was worth in financial and relational terms.
Both sides of that equation matter, and both require documentation that becomes harder to obtain over time.
Evidence that strengthens a wrongful death claim in Macomb County includes:
- Police reports, accident reconstruction findings, or incident reports from the scene
- Medical records documenting the cause of death and any treatment leading up to it
- Employment records, tax returns, and financial documents showing the deceased person’s income and earning trajectory
- Testimony from family members about the relationship, daily involvement, and emotional bond with the deceased
- Maintenance logs, inspection records, or safety reports from the responsible property owner, employer, or commercial carrier
The responsible party’s insurance company begins building its defense immediately after the death. Evidence that exists today, such as surveillance footage, witness memories, and physical conditions at the scene, degrades or disappears with time.
An attorney who begins working the case early has the best chance of preserving what matters most.
FAQs for Sterling Heights Wrongful Death Lawyers
What if the person who caused the death was charged with a crime?
A criminal case and a wrongful death lawsuit are separate legal proceedings. A criminal conviction is not required for a wrongful death claim to succeed.
The civil case uses a lower standard of proof, meaning you may recover compensation even if the responsible party is acquitted or never charged. Both cases may proceed at the same time.
What if my loved one died in a nursing home in Sterling Heights?
You may have a wrongful death claim based on nursing home negligence if inadequate care, staffing failures, medication errors, or untreated medical conditions caused or contributed to your family member’s death.
These claims require proof that the facility breached its duty of care. Medical records, staffing logs, and state inspection reports from the Michigan Department of Licensing and Regulatory Affairs (LARA) often serve as key evidence.
What if the insurance company already offered a settlement to my family?
Speaking with a wrongful death attorney before accepting any settlement offer is a good idea.
Early offers from insurance companies rarely account for the full scope of damages available under Michigan’s wrongful death statute, including long-term loss of financial support, loss of companionship, and the deceased person’s pain and suffering before death.
Accepting an offer and signing a release eliminates your right to pursue additional compensation later.
What happens if no one has been appointed personal representative yet?
The wrongful death claim cannot move forward until a personal representative is appointed.
If no one has started the probate process, an attorney may help you petition the appropriate probate court. In Macomb County, that petition goes through the Macomb County Probate Court.
Acting promptly is especially important because delays in the probate process may affect the timeline for the wrongful death lawsuit itself, even though limited saving provisions may apply in certain circumstances.
Do I need to go through probate before I file a wrongful death lawsuit?
Yes, a personal representative must be appointed through probate court before filing a wrongful death lawsuit in Michigan.
If the deceased person’s will names an executor, that person may petition for appointment. If there was no will, a surviving family member must petition the court. Our attorneys help families through both the probate appointment and the wrongful death litigation simultaneously.
What if my family member was partly at fault for the accident that killed them?
Michigan’s modified comparative negligence law (MCL 600.2959) may still allow recovery even if your loved one shared some fault. The compensation is reduced by the deceased person’s percentage of responsibility.
However, if the deceased person was more than 50% at fault, the claim for non-economic damages like loss of companionship may be barred.
How long do wrongful death cases in Michigan typically take?
Most wrongful death cases take one to three years to resolve, depending on the complexity of liability, the number of defendants, and whether the case settles or goes to trial.
Cases involving medical malpractice or multiple responsible parties tend to take longer because of additional procedural requirements and the volume of evidence involved.
Protect Your Family’s Rights with a Sterling Heights Wrongful Death Lawyer
Every week that passes without a personal representative appointment is a week closer to the filing deadline. Evidence degrades. Witnesses move. And the party responsible for your loved one’s death faces less pressure to account for what happened.
Goodman Acker represents wrongful death families from our Sterling Heights office at 13854 Lakeside Circle. We handle the probate process, the liability case, and the damage calculation on a contingency fee basis. Your family pays no attorney fees unless we recover compensation.
Call 248-483-5000 to speak with a wrongful death attorney about your family’s situation and the timeline for filing a claim in Macomb County.
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 ]
GOODMAN ACKER
Meet our Personal Injury Attorneys