Wrongful death

Complete Wrongful Death Guide

By Million Dollar Lawyer Editorial Team · Updated

A woman wrapped in a gray blanket rests her head against a man who holds her close on a front porch at dusk under a warm light

If someone you love died because another person or company was careless, you may be facing grief, unexpected bills and a lost income all at once. We’re sorry you’re going through this.

A wrongful death claim is a civil claim for money that the law allows when someone’s wrongful act or negligence (carelessness) causes a death. It is separate from any criminal case. It can pay for what the death cost your family: the support your loved one would have provided, bills such as funeral costs, and, where state law allows, the loss of their companionship. Each state sets its own rules on who files, who shares in the money and how long there is to act. Michigan’s rules are in the boxes marked “In Michigan.”

Lost someone and not sure what your family can do? Get a free case review. Four quick questions, no cost, no obligation.

What is a wrongful death claim?

A wrongful death claim asks the person or business responsible for a death to pay for the harm it caused. These claims come from state laws, which decide who can bring them, who benefits and what they can recover (Legal Information Institute).

Families bring them after many kinds of preventable deaths: crashes, medical mistakes, unsafe work sites, drownings, neglect in nursing homes, defective products and violent crimes. Our guides to pool accidents and drownings and nursing home neglect and elder abuse cover two of these in depth.

What does a family have to prove?

That someone else’s conduct caused the death. Most claims rest on negligence, which is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.” Some rest on intentional harm, such as an assault (Legal Information Institute).

Is it the same as a criminal case?

No. A prosecutor brings a criminal case on behalf of the public, and it can end in a jail or prison sentence. A wrongful death claim is brought for the family, and if it succeeds, it ends in money for the family’s losses.

The proof is different, too. A prosecutor must prove guilt beyond a reasonable doubt, while a civil claim is decided on whether the facts are more likely true than not (M Crim JI 3.2; M Civ JI 8.01). A family can pursue a wrongful death claim while criminal charges are pending, and someone can be held responsible in the civil case even without a criminal conviction (Legal Information Institute).

Red and blue lights flashing on top of a police car

Who can file a wrongful death claim?

It depends on the state. In some, the claim must be brought by the personal representative of the estate (everything the person owned and owed): the person a probate court appoints to handle it, sometimes called an executor or administrator. In others, close family members can file themselves. Three states show the range:

Michigan Ohio California
Who brings the claim The personal representative The personal representative Certain family members, or the personal representative for them
Deadline to sue Usually the deadline the person who died would have had, with possible extra time for the estate 2 years after the death 2 years for most claims
Separate survival claim for the person’s own losses? No, one combined claim Yes Yes
The law MCL 600.2921, 600.2922, 600.5805, 600.5852 Ohio Rev. Code 2125.02, 2305.21 Cal. Code Civ. Proc. §§ 335.1, 377.30, 377.60

If your loved one lived in one state and died in another, ask a lawyer which state’s rules apply.

Who shares in the money?

The state decides that, too. Spouses and children are the usual beneficiaries, and some states add parents, brothers and sisters, and other dependents (Legal Information Institute). Ohio, for example, presumes that the spouse, children and parents were harmed and lets other next of kin prove that they were (Ohio Rev. Code 2125.02(A), (B)(4)).

What can a wrongful death claim pay for?

The money a court awards is called damages. Wrongful death compensation generally covers the financial support the family lost and the suffering the death caused (Legal Information Institute). Depending on the state, it can include:

Loss What it covers
Medical and hospital bills Care between the injury and the death
Funeral and burial costs The funeral, burial and related costs
Lost financial support Money your loved one would have contributed to the family
Lost services Help the family counted on, such as childcare and housework
Loss of companionship and guidance The loss of the relationship itself, including a parent’s care and guidance
The person’s own pain and suffering What your loved one went through while conscious before death; some states handle this in a separate survival claim
Grief or mental anguish Allowed in some states, such as Ohio (Ohio Rev. Code 2125.02(D))

Some states also allow punitive damages, which are meant to punish, when a death was caused intentionally or recklessly (Legal Information Institute).

How is a wrongful death claim different from a survival claim?

A death causes two kinds of loss. The family loses the support and companionship the person gave them. Your loved one also had losses before dying, such as medical bills, lost pay and, in some states, pain and suffering. A wrongful death claim covers the family’s losses. A survival claim lets the estate pursue your loved one’s own losses, as they could have if they had lived (Legal Information Institute). Where the two are separate, as in Ohio and California, they can benefit different people: the survival claim is brought for the estate, and the wrongful death claim for the family members the law names.

Why does the estate need to be opened first?

Where the personal representative brings the claim, a probate court has to appoint one before a lawsuit can be filed. A will may name an executor. If there is no will, the court chooses someone under state law. It can feel like one more task at a hard time, but it is often the first practical step.

How long do you have to file a wrongful death claim?

Every state sets its own deadline, called a statute of limitations, and missing it can end the claim however strong it is. Some states count from the death: Ohio allows two years after the death (Ohio Rev. Code 2125.02(F)(1)). California allows two years for most claims (Cal. Code Civ. Proc. § 335.1), but a claim that a health care provider’s negligence caused the death can be due sooner (Cal. Code Civ. Proc. § 340.5).

Claims against a government can come due sooner. If a federal employee caused the death on the job, a written claim must go to the federal agency within two years, and a lawsuit can follow only after the agency denies it or six months pass without a decision (28 U.S.C. §§ 2401(b), 2675(a)). State and local government claims can need written notice within months.

Not sure which deadline applies to your family? Get a free case review. Four quick questions, no cost, no obligation.

What if a car or truck crash caused the death?

A fatal crash can involve more than one responsible party, such as another driver, a trucking company or a vehicle maker. See how truck crash claims differ from car crashes and our car accident guide for how fault is shown.

What if a medical mistake caused the death?

When a death follows a medical mistake, the claim is usually a medical malpractice claim, which asks whether the doctor, nurse or hospital fell below the professional standard of care. These claims can come with extra steps, shorter deadlines and caps on damages. See how medical malpractice claims work.

What if the death happened at work?

When a death happens on the job, workers’ compensation rules come into play. They can pay benefits to the family, and they can limit whom the family can sue. See how workers’ compensation works, including death benefits.

What happens after a wrongful death lawsuit is filed?

A claim can settle before a lawsuit is filed or while one is under way. A lawsuit usually moves through these stages:

  1. Investigation. Your lawyer gathers records, such as the death certificate, crash reports and medical records, and works to preserve evidence.
  2. Filing. The complaint is filed and delivered to each defendant.
  3. Discovery. Each side shares information and can question witnesses under oath in depositions. Family members may be asked about your loved one and your relationship, since that is part of what the family lost.
  4. Settlement talks. Offers can come at any time, and some courts send cases to mediation first.
  5. Trial. If the case doesn’t settle, a judge or jury decides responsibility and damages.

How is a wrongful death settlement divided?

States handle this differently. Some require a judge’s approval: in Ohio, the personal representative can settle only with the consent of the court that made the appointment (Ohio Rev. Code 2125.02(E)). How the money is split among family members also varies. See how wrongful death settlements are divided and taxed.

Tea-light candles glowing in a dark room

What to do next

  1. Give yourself time, and keep the papers together. Put death certificates, police or crash reports, medical records, bills and funeral receipts in one place, with the names of any witnesses. Write down what you know while it’s fresh.
  2. Be careful with the other side’s insurer. You don’t have to give it a recorded statement, and a signed release can end the claim.
  3. Decide who will serve as personal representative, and open the estate early. Where the personal representative brings the claim, nothing can be filed until someone is appointed.
  4. Ask about benefits in writing. Contact your own auto insurer, any life insurer and, after a death at work, the employer, and keep copies.
  5. Get a free case review well before the first deadline. Get a free case review, or compare Michigan injury lawyers. Before you hire anyone, get the fee agreement in writing.

What waiting can cost

  • The right to sue. Once the deadline passes, a lawsuit can be dismissed however strong the case is. In Michigan, even the estate’s extra time ends no later than three years after the original deadline (MCL 600.5852(4)).
  • Benefits with their own clocks. Insurance and workers’ compensation benefits have separate deadlines. In Michigan, no-fault survivors’ loss needs written notice within a year of the crash (MCL 500.3145).
  • A family member’s share. In Michigan, anyone who doesn’t present a claim by the date of the hearing on dividing the money is barred from it (MCL 600.2922(7)).
  • Evidence. Vehicles get repaired, video gets recorded over and witnesses become harder to find.

What a good outcome looks like

The estate is opened early, every notice goes out on time, and any lawsuit is filed with time to spare. The people responsible pay for the losses the law recognizes: the bills your family was left with, the support your loved one would have provided and, where the law allows, the loss of their companionship. The court approves the settlement and divides it according to each person’s losses, with any child’s share protected. And your family has room to grieve without watching the calendar. From not knowing what your family can do to knowing who files the claim, what it can pay for and what has to happen first.

For Michigan’s other injury rules, see Michigan personal injury law in plain English.

Frequently asked questions

Who can file a wrongful death lawsuit in Michigan?

Only the personal representative of the estate, the person the probate court appoints to act for it, can bring the lawsuit (MCL 600.2922(2)). The recovery can go to the spouse, children and other descendants, parents, grandparents, brothers and sisters, the spouse's children and people who inherit under the will, among others, if they suffered damages (MCL 600.2922(3)).

How long does a family have to file a wrongful death lawsuit in Michigan?

Usually the deadline the person who died would have had: three years for most claims, two for malpractice. If they died before it ran out, or within 30 days after, the personal representative can sue within two years after letters of authority are issued, but no later than three years after the original deadline (MCL 600.5805(2), (8); 600.5852).

What damages can a family recover for a wrongful death in Michigan?

The court or jury can award what is fair and equitable, including the medical, hospital, funeral and burial expenses the estate owes; the person's conscious pain and suffering before death; and the family's loss of financial support and of the person's society and companionship (MCL 600.2922(6)). The person's own lost future earnings can't be recovered as a separate item (Daher v Prime Healthcare Services-Garden City, Michigan Supreme Court, 2024).

How is a wrongful death settlement divided in Michigan?

After a hearing, the court first orders payment of the medical, hospital, funeral and burial expenses the estate owes. It then divides the rest among the family members and others the law lists who suffered damages, and the estate for any conscious pain and suffering, based on each one's losses. If no minor or incapacitated person is involved, the family can agree on the shares in a sworn written agreement (MCL 600.2922(6); 700.3924).

Is a wrongful death lawsuit the same as a criminal case?

No. A prosecutor brings a criminal case and must prove guilt beyond a reasonable doubt (M Crim JI 3.2). A wrongful death claim is a civil claim for money, decided on whether the facts are more likely true than not (M Civ JI 8.01), so it doesn't depend on a conviction. Michigan's law allows the claim even when the death was caused by a felony (MCL 600.2922(1)).

What benefits are available after a fatal car accident in Michigan?

No-fault (PIP) insurance pays survivors' loss to the person's dependents: lost support plus up to $20 a day for replacement services, for up to three years. The cap per 30 days is $7,201 for crashes from October 1, 2025 through September 30, 2026, and $7,455 for crashes from October 1, 2026 through September 30, 2027 (MCL 500.3108; DIFS Bulletin 2026-20-INS). PIP also pays funeral and burial costs up to the amount in the policy, between $1,750 and $5,000 (MCL 500.3107). Give the insurer written notice within one year, unless it has already paid benefits (MCL 500.3145).

Sources

  1. MCL 418.641, Employer's failure to secure workers' compensation coverage · Michigan Legislature
  2. MCL 600.2922, Death by wrongful act; action by personal representative; damages and distribution · Michigan Legislature
  3. MCL 600.2921, Survival of actions · Michigan Legislature
  4. MCL 700.3924, Wrongful death settlements without a pending lawsuit; approval and distribution · Michigan Legislature
  5. MCL 700.2803, Forfeiture by a person who kills or abuses the decedent · Michigan Legislature
  6. MCL 600.5805, Injuries to persons or property; period of limitations · Michigan Legislature
  7. MCL 600.5852, Wrongful death saving provision · Michigan Legislature
  8. MCL 600.5856, Tolling of statute of limitations or repose · Michigan Legislature
  9. MCL 600.2912b, Notice of intent to file a medical malpractice claim · Michigan Legislature
  10. MCL 600.2912d, Affidavit of merit · Michigan Legislature
  11. Ernest v Brown, Docket No. 168462 (decided July 29, 2026) · Michigan Supreme Court
  12. Daher v Prime Healthcare Services-Garden City, LLC, Docket No. 165377 (decided July 30, 2024) · Michigan Supreme Court
  13. MCL 600.1483, Medical malpractice; limitation on noneconomic damages · Michigan Legislature
  14. MCL 600.2946a, Product liability; limitation on noneconomic damages · Michigan Legislature
  15. MCL 600.2949a, Knowledge of defective product · Michigan Legislature
  16. Limitation on Noneconomic Damages and Product Liability Determination on Economic Damages (January 30, 2026) · Michigan Department of Treasury
  17. MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
  18. MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
  19. MCL 500.3108, Survivors' loss · Michigan Legislature
  20. MCL 500.3110, Dependents of a person who died · Michigan Legislature
  21. MCL 500.3107, Allowable expenses, including funeral and burial · Michigan Legislature
  22. MCL 500.3135, Tort liability for noneconomic loss and excess economic loss · Michigan Legislature
  23. MCL 500.3145, Limitation of actions for PIP benefits; notice of injury · Michigan Legislature
  24. Bulletin 2026-20-INS, Annual adjustment of the maximum work loss and survivors' loss benefits · Michigan Department of Insurance and Financial Services
  25. MCL 700.3201, Venue for estate proceedings · Michigan Legislature
  26. MCL 700.3203, Priority for appointment as personal representative · Michigan Legislature
  27. PC 558, Application for Informal Probate and/or Appointment of Personal Representative · Michigan State Court Administrative Office
  28. PC 559, Petition for Probate and/or Appointment of Personal Representative · Michigan State Court Administrative Office
  29. MCL 418.321, Workers' compensation death benefits · Michigan Legislature
  30. MCL 418.335, Death benefits: remarriage and children's age limits · Michigan Legislature
  31. Great American Ins Co v Queen, 410 Mich 73 (1980) · Michigan Supreme Court (via the Caselaw Access Project, Harvard Law School Library)
  32. MCL 418.345, Last illness, funeral and burial expenses after a work death · Michigan Legislature
  33. MCL 418.381, Workers' compensation claim deadlines · Michigan Legislature
  34. MCL 418.131, Workers' compensation as the exclusive remedy · Michigan Legislature
  35. MCL 418.827, Third-party liability · Michigan Legislature
  36. MCL 691.1404, Notice of injury and defect in a highway · Michigan Legislature
  37. MCL 691.1411, Claims against government agencies; limitation of actions · Michigan Legislature
  38. MCL 600.6431, Court of Claims; notice of claim against the state · Michigan Legislature
  39. MCL 780.766, Restitution to crime victims and their estates · Michigan Legislature
  40. Crime Victim Compensation: Do I Qualify? · Michigan Department of Health and Human Services
  41. What Costs May Be Covered for Crime Victims? · Michigan Department of Health and Human Services
  42. Michigan Court Rules: MCR 2.403, 2.410, 2.411, 2.420 and 8.121 (updated July 31, 2026) · Michigan Supreme Court
  43. Michigan Model Civil Jury Instructions: M Civ JI 8.01, 10.02, 30.01 and 45.02 (updated July 21, 2026) · Michigan Supreme Court
  44. Michigan Model Criminal Jury Instructions: M Crim JI 3.2 (updated August 31, 2026) · Michigan Supreme Court
  45. Michigan Rules of Professional Conduct: MRPC 1.2 and 1.4 · Michigan Supreme Court
  46. 28 U.S.C. § 2401, Time for commencing action against the United States · Office of the Law Revision Counsel, U.S. House of Representatives
  47. 28 U.S.C. § 2675, Disposition by federal agency as prerequisite · Office of the Law Revision Counsel, U.S. House of Representatives
  48. Ohio Revised Code 2125.02, Wrongful death action · Ohio Legislature
  49. Ohio Revised Code 2305.21, Survival of actions · Ohio Legislature
  50. California Code of Civil Procedure § 377.60, Wrongful death · California Legislative Information
  51. California Code of Civil Procedure § 377.30, Decedent's cause of action · California Legislative Information
  52. California Code of Civil Procedure § 335.1, Two-year limitation period · California Legislative Information
  53. California Code of Civil Procedure § 340.5, Professional negligence of health care providers; limitation period · California Legislative Information
  54. Wrongful death · Legal Information Institute, Cornell Law School
  55. Survival statute · Legal Information Institute, Cornell Law School
  56. Negligence · Legal Information Institute, Cornell Law School

Updated September 24, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

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