Losing a loved one in a car accident creates overwhelming grief alongside urgent legal questions. While families struggle with funeral arrangements and emotional devastation, they often wonder whether they can pursue legal action against the responsible party.
Michigan law provides specific guidelines about who can file a wrongful death lawsuit, but the rules aren’t always straightforward. Our wrongful death attorneys work with families throughout Oakland County and surrounding areas to help them understand their rights during these difficult times.
Michigan’s Wrongful Death Statute Sets Clear Rules
Under Michigan law, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, not by individual family members directly. However, certain relatives may be entitled to recover damages through the case.
A surviving spouse and children are often among those who may receive compensation, and parents may also be entitled to damages if a wrongful death action is brought. In other words, the statute does not determine who files based on family status alone; it also identifies who may share in any recovery.
These cases may become more complicated when blended families, estranged relatives, or unmarried partners are involved. For example, a stepparent may have helped raise the deceased from childhood but still may not be entitled to damages under the wrongful death statute. On the other hand, an estranged spouse who was never legally divorced may still have the right to recover wrongful death damages.
Personal Representatives Handle Estate Claims
Michigan requires wrongful death lawsuits to be filed by the personal representative of the deceased person’s estate. This person, sometimes called an executor or administrator, manages the deceased person’s affairs and can pursue legal claims on behalf of the estate.
The personal representative might be the same person who has priority as a family member, or it could be someone else entirely. Some families choose a trusted friend or professional to serve as personal representative, especially when family relationships are complicated or when the estate involves significant assets.
Personal representatives must be appointed by the probate court before they can file wrongful death lawsuits. This process takes time, which can create delays in pursuing legal action. That’s why families often benefit from consulting with attorneys early, even before probate proceedings begin.
Unmarried Partners Face Legal Challenges
Michigan wrongful death law generally does not list unmarried partners as beneficiaries unless they qualify as a devisee under the deceased’s will (including certain living-trust beneficiaries if the will devises to that trust) (or otherwise fall within the statute’s listed categories).
Some unmarried partners explore other legal options, such as pursuing claims as beneficiaries if they’re named in the deceased person’s will or life insurance policies. These alternatives rarely provide the same compensation as wrongful death lawsuits, but they might offer some financial recovery.
Children’s Rights Vary by Age and Circumstances
Adult children may recover damages in a wrongful death case when their parents die in car accidents, but the amount depends on several factors. Courts may consider factors such as the financial support the parent provided and the nature of the relationship.
Minor children may recover damages that reflect lost financial support and the loss of a parent-child relationship. Adult children who were financially independent may recover less for lost financial support and may instead pursue damages tied to the loss of the relationship.
Adopted children have the same rights as biological children under Michigan law. “Stepchildren (the deceased’s spouse’s children) also may be entitled to wrongful death damages even if they were never adopted.
Moving Forward After Tragedy
Determining who can file a wrongful death lawsuit represents just the beginning of a complex legal process. Each family’s situation involves unique relationships, financial circumstances, and legal considerations that affect their options.
The emotional toll of losing someone in a preventable accident compounds the stress of navigating legal deadlines and insurance company negotiations. Having experienced legal guidance helps families focus on healing while ensuring their rights are protected and their cases move forward effectively.
