Michigan Wrongful Death Attorney

Losing a loved one because of someone else’s negligence, recklessness, or wrongful conduct is one of the most devastating experiences a family can endure. No legal action can restore what has been taken from you. But Michigan law provides a path to justice and financial accountability — and families who pursue it deserve an attorney who approaches their case with both the compassion it demands and the aggressive legal advocacy it requires.

At Jalal Abdallah Law PLLC, we represent families devastated by wrongful death across Southfield, Detroit, Dearborn, and all of Michigan. We handle the full complexity of wrongful death law — from opening the estate and navigating the probate process to building a compelling case and negotiating the maximum possible recovery for every family member affected.

What Is a Wrongful Death Claim in Michigan?

Michigan’s Wrongful Death Act, found at MCL 600.2922, provides a legal pathway for surviving family members to seek compensation when a loved one dies as a result of another party’s wrongful act, negligence, recklessness, or intentional misconduct. The core principle is straightforward: if the deceased would have had the right to bring a personal injury claim had they survived, their estate can pursue a wrongful death claim on behalf of the family after their death.

Common causes of wrongful death claims in Michigan include:

• Car, truck, and motorcycle accidents caused by negligent drivers
• Drunk or impaired driving fatalities
• Pedestrian accidents
• Medical malpractice — misdiagnosis, surgical errors, failure to treat
• Defective products and dangerous equipment
• Workplace accidents and construction site deaths
• Premises liability — falls, unsafe conditions, inadequate security
• Criminal acts resulting in death

Who Can File a Wrongful Death Claim in Michigan?

Under MCL 600.2922(2), every wrongful death action in Michigan must be filed by the personal representative of the deceased’s estate — not by individual family members in their own names. The personal representative files the lawsuit on behalf of the estate and all eligible beneficiaries simultaneously.

The personal representative is typically the executor named in the deceased’s will. If there is no will, or no estate has been opened, the probate court appoints a qualified personal representative — usually a surviving spouse, adult child, or parent. If no estate is currently open, this step must be completed before the lawsuit can be filed. Jalal Abdallah Law guides families through this process from the very beginning.

Once the lawsuit is filed, the following individuals may be entitled to a share of any recovery under MCL 600.2922(3):

• The deceased’s spouse
• Children and descendants (including adopted children and grandchildren)
• Parents and grandparents
• Brothers and sisters
• Stepchildren or children of the deceased’s spouse
• Individuals named as devisees under a valid will
• Any person proven to have been financially dependent on the deceased at the time of death

Within 30 days of filing the lawsuit, the personal representative must serve notice on all persons who may be entitled to damages. Those individuals then have 60 days to provide material facts supporting their claim to the estate’s attorney under MCL 600.2922(8). Beneficiaries who fail to respond within this window may be barred from claiming their share of any recovery.

What Damages Can Be Recovered in a Michigan Wrongful Death Case?

Under MCL 600.2922(6), Michigan courts may award damages that are fair and equitable under all circumstances. Recoverable damages include:

• Reasonable medical, hospital, funeral, and burial expenses for which the estate is liable
• Compensation for the pain and suffering consciously experienced by the deceased between the time of injury and death
• Loss of financial support the deceased would have provided to surviving family members
• Loss of society and companionship — the loss of the deceased’s care, guidance, love, and relationship
• Loss of consortium for a surviving spouse
• Future lost earnings and earning capacity
• Survivor’s loss benefits through the no-fault PIP system for auto-related deaths

In cases involving particularly egregious conduct — such as drunk driving or gross negligence — exemplary or punitive damages may also be available to hold the wrongdoer accountable beyond standard compensation.

How Are Wrongful Death Proceeds Distributed in Michigan?

Michigan law requires court approval before any wrongful death settlement or verdict is distributed. The personal representative files a motion with the probate or circuit court detailing the total recovery and proposed allocation among eligible beneficiaries. The court holds a hearing — at which any interested party may appear — and the judge evaluates the emotional and financial impact on each family member before entering an order for distribution.

This court oversight ensures that every eligible beneficiary is treated fairly and that no one’s share is overlooked. It also protects minors or legally incapacitated beneficiaries by ensuring their portion is properly managed. Disagreements among family members about distribution are resolved by the court.

Act Quickly — Do Not Accept an Early Settlement

Insurance companies move aggressively after fatal accidents. They contact families quickly, offering settlements that seem significant in a moment of grief — but that rarely reflect the full value of the family’s loss. Once a settlement is accepted and a release is signed, all future claims are permanently extinguished — even if the family later realizes the compensation was wholly inadequate.

Before speaking to any insurance adjuster or considering any settlement offer, contact Jalal Abdallah Law. The consultation is free. Understanding your rights costs you nothing — and the difference between an informed decision and an uninformed one can be measured in hundreds of thousands of dollars.

We work on a contingency fee basis — no upfront fees, and no attorney fee unless we win your case.

Frequently Asked Questions