Wrongful Death Lawsuit Attorney Michigan

There is no pain quite like losing a loved one without warning—especially when that loss was preventable. One moment your family is whole. The next, you’re left with unanswered questions, overwhelming grief, and the sinking realization that someone’s negligence may be to blame.

A wrongful death lawsuit is not about putting a price on a life. It’s about accountability. It’s about standing up and saying that what happened was wrong—and that it should never happen to another family.

Insurance companies move fast after a fatal accident. Corporations protect themselves. Statements are requested. Blame is shifted. Families are left feeling powerless in a system that seems stacked against them.

Michigan law recognizes that when negligence, recklessness, or intentional misconduct takes a life, surviving family members have the right to seek justice through a wrongful death lawsuit. While no legal action can undo your loss, the law provides a path toward answers, accountability, and financial stability for the future.

What Is a Wrongful Death Under Michigan Law?

Under Michigan law, a wrongful death occurs when a person dies as a result of another party’s wrongful act, negligence, recklessness, or intentional misconduct. These cases are governed by Michigan’s Wrongful Death Act, which allows certain family members to recover damages caused by the death.

How Wrongful Death Differs From Criminal Cases

Wrongful death lawsuits are civil cases, not criminal prosecutions. That means:

• The case is brought by the family, not the state
• The goal is accountability and compensation—not jail time
• A criminal case is not required to file a wrongful death lawsuit

Even if no criminal charges are filed—or if a defendant is acquitted—civil liability may still exist.

Negligence, Recklessness, and Intentional Acts

Wrongful death claims may arise from:

• Negligence (carelessness or failure to act safely)
• Recklessness (conscious disregard for safety)
• Intentional acts (assaults or other deliberate harm)

Each requires a different legal analysis, but all are actionable under Michigan law when they result in death.

The Purpose of Michigan’s Wrongful Death Act

The law exists to:

• Hold wrongdoers financially accountable
• Compensate surviving family members for their losses
• Recognize the value of the life that was taken

Who Can File a Wrongful Death Lawsuit in Michigan?

The Role of the Personal Representative

A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often:

• A spouse
• An adult child
• Another trusted family member

The personal representative acts on behalf of all eligible beneficiaries.

Eligible Beneficiaries Under Michigan Law

Compensation may be awarded for the benefit of surviving family members, including:

• Spouse
• Children
• Parents
• Grandparents
• Siblings (in limited circumstances)

Each case is different, and eligibility depends on the family structure and circumstances.

What Happens When There Is No Will?

If there is no will, the probate court will appoint a personal representative according to Michigan law. This process must be handled correctly before a lawsuit can proceed.

Why Proper Appointment Is Legally Critical

If the wrong person files—or if the estate is not properly opened—the case can be dismissed. Insurance companies look for these mistakes. We don’t make them.

At Marko Law, we ensure the legal foundation is solid from day one.

What to Do After a Wrongful Death in Michigan

Seek Immediate Emotional and Legal Support

Grief is not something you should carry alone. Neither is a wrongful death case. Support matters.

Preserve Evidence and Documentation

Critical evidence can disappear quickly. This may include:

• Physical evidence
• Surveillance footage
• Vehicle data
• Witness information

Preservation must happen early.

Obtain Medical Records, Police Reports, and Incident Reports

These documents often form the backbone of a wrongful death claim. They help establish:

• What happened
• Who was involved
• How the death occurred

Avoid Early Statements to Insurance Companies

Insurance companies may reach out quickly—sometimes within days of the death. Their goal is not to help your family.

Early statements can:

• Be used to shift blame
• Limit or deny compensation
• Lock you into harmful narratives

You are not required to speak with them.

Contact a Michigan Wrongful Death Attorney as Soon as Possible

Early legal intervention helps:

• Protect your rights
• Preserve evidence
• Handle probate and estate issues properly
• Shield your family from insurance pressure

At Marko Law, we combine legal firepower with real compassion—because families deserve both.

Proving Negligence in a Wrongful Death Lawsuit

How Negligence Is Established Under Michigan Law

To succeed in a wrongful death lawsuit, the estate must generally prove:

• A duty of care was owed to the deceased
• That duty was breached
• The breach caused the death
• The death resulted in damages to surviving family members

Negligence can take many forms—from careless driving to unsafe workplace practices to medical errors that never should have happened.

The Use of Expert Witnesses

Wrongful death cases often turn on expert testimony. Qualified experts help explain:

• What went wrong
• Why it violated safety or professional standards
• How the death could have been prevented

These experts give juries clarity when defendants try to confuse or deflect blame.

Accident Reconstruction and Forensic Evidence

In fatal crashes and industrial incidents, reconstruction specialists analyze:

• Vehicle speeds and impact forces
• Skid marks and debris patterns
• Black box and electronic data
• Scene measurements and timelines

Forensic evidence turns speculation into proof.

Medical Causation Analysis

Medical experts are often needed to establish:

• The cause of death
• Whether earlier intervention could have saved the person
• How negligent acts directly led to fatal injuries

Defendants frequently argue that something else caused the death. Medical causation evidence shuts that argument down.

Corporate and Institutional Liability

When corporations, hospitals, or institutions are involved, negligence often stems from:

• Unsafe policies or procedures
• Inadequate training or supervision
• Cost-cutting at the expense of safety

At Marko Law, we don’t just blame individuals—we expose systemic failures.

Who Can Be Held Liable for a Wrongful Death?

Negligent Drivers

Drivers who speed, drive distracted, intoxicated, fatigued, or recklessly can be held accountable when their actions take a life.

Employers and Corporations

Under Michigan law, employers may be responsible for deaths caused by employees acting within the scope of their job—through the doctrine of respondeat superior.

Property Owners

Owners and occupiers of property may be liable when dangerous conditions—such as unsafe premises, poor maintenance, or code violations—cause fatal injuries.

Medical Providers and Hospitals

Doctors, nurses, and hospitals can be held liable for:

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Medication mistakes
• Failure to monitor or intervene

Medical malpractice wrongful death cases require precision, expertise, and relentless preparation.

Manufacturers of Defective Products

When unsafe products cause fatal injuries, liability may extend to:

• Manufacturers
• Designers
• Distributors

Defective vehicles, machinery, medical devices, and consumer products can all form the basis of wrongful death claims.

Government Entities

Cities, counties, and the State of Michigan may be liable in limited circumstances, subject to:

• Notice requirements
• Governmental immunity laws
• Statutory exceptions

These cases are complex—and aggressively defended.

Damages Available in a Michigan Wrongful Death Lawsuit

Economic Damages

These compensate for measurable financial harm, including:

• Lost financial support the deceased would have provided
• Loss of services, such as household and caregiving contributions
• Medical expenses related to the final injury or illness
• Funeral and burial costs

Non-Economic Damages

These recognize the human cost of loss, including:

• Pain and suffering of surviving family members
• Loss of companionship, society, and guidance
• Emotional trauma and grief

How Damages Are Distributed

Damages are distributed among eligible beneficiaries as determined by:

• Michigan’s Wrongful Death Act
• The probate court
• The specific losses suffered by each family member

Proper legal handling is essential to ensure fairness and compliance.

Justice Is Part of Healing After a Wrongful Death

Your loved one’s life had value. Their story mattered. And their death deserves more than silence or excuses.

A wrongful death lawsuit is not about greed or blame—it’s about accountability. It’s about demanding answers when negligence, recklessness, or misconduct took someone who should still be here. Michigan law recognizes that families have the right to stand up, be heard, and hold wrongdoers responsible.

While financial recovery can never replace a life, it can provide stability during an incredibly uncertain time—covering lost income, medical and funeral expenses, and helping families rebuild after a devastating loss.

At Marko Law, we fight hard—and we don’t back down—because justice is part of healing.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/