A Death Somebody Caused
MCL 600.2922 — the personal representative sues, for the family the statute lists
In Michigan, when a death is caused by a wrongful act, neglect or fault that would have let the injured person sue had they lived, the person or corporation that would have been liable is liable to an action for damages, even where the death happened in circumstances that are a felony.
The personal representative brings it. Every action is brought by, and in the name of, the personal representative of the estate. Within 30 days after starting it, the representative serves a copy of the complaint and a notice on everyone who may be entitled to damages.
Who may share in it. Those who suffer damages and survive the deceased: the spouse, children, descendants, parents, grandparents, brothers and sisters, or, if none of them survive, those who would inherit; the children of the deceased's spouse; and devisees under the will, as the section describes.
Damages. What the court or jury considers fair and equitable, including reasonable medical, hospital, funeral and burial expenses the estate owes, the deceased's conscious pain and suffering between the injury and death, and the loss of financial support and of the society and companionship of the deceased.
60 days to share the facts, and a claim before the hearing. A person who may be entitled to damages tells the representative's attorney of any material fact supporting a claim within 60 days after service of the complaint and notice, and presents a claim before the date set for the hearing on distributing the proceeds. Missing either can cost the share.
Time after a death. If a person dies before the limitation period has run, or within 30 days after, the personal representative may start an action that survives within 2 years after letters of authority are issued, but not later than 3 years after the period ran.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe personal representative of the estate, in that name |
| The questionWho may share | The statute's answerSpouse, children, descendants, parents, grandparents, brothers and sisters, and the others the section lists, who suffered damages |
| The questionWhat a family member has to do | The statute's answerMaterial facts go to the representative's attorney within 60 days, and a claim is presented before the distribution hearing |
The limitation period of the underlying claim, medical malpractice timing and how a settlement is approved are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Michigan attorney. The probate court appoints the personal representative.
Sources for this section (2)
- MCL 600.2922 — Death by wrongful act, neglect, or fault of another; liability; action by personal representative
- MCL 600.5852 — Death before period of limitations has run or within 30 days thereafter; commencement of action
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.