What’s A Michigan Wrongful Death Claim?
At common law, if somebody killed your brother or sister, then any claim against that person was said to die with the victim. Today, that’s not the case. There is a wrongful death statute in Michigan that enables family members to recover when their loved ones are wrongfully killed:
Sec. 2922. (1) 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, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony.
What does all that mean? Section 1 entitles you to collect damages for the death of your family member. It gives you a right that you would not have had at common law.
But who can recover under a wrongful death statute? The statute tells us:
- The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased.
- The children of the deceased’s spouse.
If you fit into any of the above categories, then you are most likely able to recover for the wrongful death.
We are a personal injury law firm in Southfield, Michigan that specializes in dog bites, car accidents, motorcycle crashes, birth traumas, product liability claims, and more. If you’ve been injured, or someone has taken someone you loved out of negligence, then our office is here for you. We’ve been honored in Michigan and nationally for our work in the personal injury field and have 30 years of hard litigation experience to get you the recovery that you deserve.