Who files a wrongful death claim in Michigan?

Only the court-appointed personal representative of the estate. Under MCL 600.2922(2), every wrongful death action must be brought by the personal representative, not by family members in their own names, so a probate estate has to be opened first.

Who can share in the recovery?

The statute lists the deceased's spouse, the children of the deceased's spouse, children and other descendants, parents, grandparents, brothers and sisters, and persons who are devisees under the will, to the extent they survive the decedent and suffered a loss.

How is the money divided?

The court distributes the proceeds for lost support and loss of society and companionship among the eligible claimants in the amounts it considers fair and equitable, based on each person's relative loss, after attorney fees, costs and liens. Claimants present evidence of financial support received and of their loss of society.

Is there a separate survival lawsuit?

Not in practice. Michigan consolidates what other states treat as separate wrongful death and survival claims, so a single action under MCL 600.2922 addresses both the decedent's losses and the survivors' losses.

Who Can File a Wrongful Death Claim in Michigan

Q: Whose money is the decedent's pain and suffering?

The estate's. The decedent's conscious pain and suffering between injury and death, along with medical and funeral expenses, belongs to the estate rather than to individual survivors, while support and society go to the claimants.

By the FigureMyTax Editorial Team · How we calculate

Michigan has a single filer and a wide pool of people who can share the result. The court, not a fixed formula, decides who gets what.

One filer: the personal representative

Under MCL 600.2922(2), every wrongful death action is brought by the personal representative of the estate. Family members don't sue in their own names, which means a probate estate generally has to be opened first.

A broad list of survivors

The claimants named in the statute include the spouse, the spouse's children, children and descendants, parents, grandparents, siblings, and devisees under the will — those who survive the decedent and suffered a loss.

The court divides it fairly

After attorney fees, costs and liens, the court distributes the proceeds for lost support and loss of society and companionship among the claimants in amounts it considers fair and equitable. Claimants present evidence of the support they received and of their individual loss of society, so the split follows relative loss rather than rank.

The decedent's own suffering goes to the estate

Michigan folds the decedent's conscious pain and suffering into the same action. That portion, with medical and funeral expenses, belongs to the estate, while support and society are distributed to the claimants. There is no separate survival lawsuit to file.

Injured in Michigan?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Michigan attorney

Official sources

This is general information, not legal advice. Claimant eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Michigan attorney.