Who Can File a Wrongful Death Lawsuit in Michigan?

A Michigan wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. A surviving spouse, child, parent, or other relative cannot ordinarily file the lawsuit individually simply because that person lost a loved one.

Family members may be entitled to receive damages from a settlement or judgment, but Michigan law gives the personal representative responsibility for bringing the action in the name of the estate. If an estate has not been opened, someone may need to ask the probate court to appoint a personal representative before the lawsuit can proceed.

For a family in Muskegon or the surrounding West Michigan area, estate administration and investigation of the wrongful death claim may need to occur at the same time.

What Is a Personal Representative?

A personal representative is the person legally authorized to administer a deceased person’s estate. This person may also be called the executor. A will may nominate an executor, but that nomination does not provide authority by itself. The probate court generally must make the appointment.

If there is no will or the nominated person cannot serve, Michigan law provides an order of priority for appointment. Once appointed, the personal representative can work with an attorney to investigate the death, preserve evidence, identify responsible parties, and file the lawsuit.

Under Michigan law as of 2026, the personal representative must serve the complaint and required notice on people who may be entitled to damages within 30 days after the action begins.

Which Family Members May Receive Wrongful Death Damages?

The person who files the case is not necessarily the only person who may receive compensation. Michigan law identifies several categories of surviving people who may be entitled to damages if they suffered a loss because of the death.

Potential beneficiaries include:

• The deceased person’s spouse
• Children and other descendants
• Parents and grandparents
• Brothers and sisters
• Children of the deceased person’s spouse
• Certain heirs who would inherit under Michigan intestacy law if none of the listed close relatives survive
• Certain people or trust beneficiaries named in the deceased person’s will

Eligibility does not guarantee a particular share of the proceeds. Each person must have suffered damages and followed the required claim procedures. When the case is resolved, the court considers the relative losses sustained by the eligible people and the estate when approving distribution.

What Must an Eligible Family Member Do?

A person who may be entitled to wrongful death damages should respond carefully to notices from the personal representative or the representative’s attorney. Under Michigan law as of 2026, a potential beneficiary must provide the attorney with material facts supporting the claim within 60 days after receiving the complaint and notice.

The person must also present a claim for damages by the deadline set for the hearing on distribution of the proceeds. Missing that deadline may prevent the person from receiving a share of the settlement or judgment.

The personal representative brings the lawsuit, but each eligible person’s losses may need to be documented separately. Clear communication between the representative, attorney, and surviving family members is an important part of the process.

What Compensation Is Available?

Michigan law allows a court or jury to award damages it considers fair and equitable under the circumstances.

Depending on the facts, compensation may include:

• Reasonable medical and hospital expenses owed by the estate
• Reasonable funeral and burial expenses
• The deceased person’s conscious pain and suffering between the injury and death
• Loss of financial support
• Loss of society and companionship

The value of a claim cannot be determined from the family relationship alone. Medical records, bills, employment information, photographs, correspondence, and testimony about the family relationship may all help document the losses.

What Can Lead to a Wrongful Death Claim?

A wrongful death claim may arise when a person or organization causes a death through a wrongful act, neglect, or fault. The underlying event must be one that would have allowed the deceased person to pursue a legal claim if death had not occurred.

Potential cases may involve a motor vehicle collision, medical negligence, nursing home neglect, an unsafe property condition, a defective product, a workplace incident involving a responsible third party, or intentional misconduct. A related criminal case does not prevent the estate from pursuing a separate civil wrongful death action.

How Long Do You Have to File in Michigan?

Michigan generally provides three years from the date of death for an action seeking damages for a person’s death as of 2026. Exceptions and shorter deadlines may apply depending on the underlying claim, the defendant, and the circumstances.

A claim involving medical malpractice or a government entity may carry additional notice requirements or different time limits. Evidence can also disappear well before the legal deadline. Records may be lost, video may be overwritten, and witnesses’ memories can fade.

The personal representative should speak with an attorney promptly instead of assuming that three years will always be available.

Wrongful Death Guidance in Muskegon & the West Michigan Area

A wrongful death claim requires coordination between Michigan probate procedure and civil law. The correct personal representative must bring the case, eligible family members must receive notice, and each claim for damages must be documented before the proceeds can be distributed.

David Waterstradt helps families in Muskegon and surrounding West Michigan communities understand these responsibilities and pursue accountability after a preventable death. Contact the Law Office of David Waterstradt to schedule a no-cost consultation about the circumstances of your loved one’s death.