What Is the Statute of Limitations for Wrongful Death Cases?
In Michigan, the statute of limitations for wrongful death cases is typically three years from the date of the victim’s death. If your lawsuit is not filed within three years, you could lose your right to bring one. But there are exceptions to this time frame, which could affect how quickly you must act to pursue a claim. To ensure your case is still
viable, talk to a Michigan wrongful death lawyer as soon as possible.
How Much Time Do I Have to File a Wrongful Death Lawsuit in Michigan?
Michigan’s Wrongful Death Act does not provide any time restrictions for filing a wrongful death lawsuit. Instead, the time frame is determined based on the nature of the claim, which then guides the statute of limitations analysis. For example, if the victim’s death resulted from the ordinary negligence of another person or company, you have up to three years to bring your claim. However, if the victim died as a result of medical malpractice, the statute of limitations for filing a claim is only two years. Additionally, under some circumstances, Michigan law requires victims to comply with strict notice requirements before filing suit against an insurance company or governmental entity. You should speak with a Michigan wrongful death lawyer today to determine if Michigan’s notice requirements prevent you from seeking justice for the loss of your loved one.
Who Can File a Michigan Wrongful Death Lawsuit?
Michigan law requires that a personal representative of the victim’s estate bring a wrongful death action. Once officially approved and appointed by the probate court, the personal representative files the case for the benefit of others who are eligible to recover damages.
Michigan law permits the following family members to recover compensation after a settlement or jury verdict:
- Brothers and sisters;
- All individuals under the laws of intestate succession;
- Stepchildren; and,
- Devisees under the will.
Do I Have a Wrongful Death Case?
If you lost a family member as a result of the negligence of another person or company, a wrongful death lawsuit might be appropriate. Common causes of wrongful death include:
- Car accidents;
- Truck accidents;
- Bicycle or pedestrian accidents;
- Plane crashes;
- Defective products;
- Motorcycle accidents;
- Bus accidents;
- Helicopter crashes;
- Medical malpractice;
- Warehouse accidents;
- Construction accidents; and,
- Big box store accidents;
As long as the death resulted from the wrongful actions of another person or company, you might have a wrongful death case. A Michigan wrongful death attorney can seek justice for your loss and provide an opinion of the value of your claim. Speak with an experienced wrongful death lawyer to determine the viability of your case. Call us at or contact us to learn more.