Wrongful Death Detroit

Detroit Wrongful Death Lawyers

A single phone call can change everything for a family. A fatal crash on I-94. A surgical mistake that never should have happened. A nursing home resident left without the care they were promised. Losses like these leave the people left behind grieving while they also face funeral bills, lost income, and questions no one seems willing to answer.

When a preventable death is caused by someone else’s negligence, Michigan law gives the surviving family the right to hold that party accountable. A wrongful death claim cannot bring a loved one back, but it can force answers about what happened and provide financial stability for the people who depended on the person who died. Michigan also sets firm deadlines for these claims, so the earlier a family understands its rights, the easier those rights are to protect.

Olsman MacKenzie Peacock has represented Michigan families after catastrophic and fatal injuries since 1969. Over more than fifty years, our attorneys have taken on complex, high-stakes cases involving car and truck crashes, medical malpractice, nursing home neglect, defective products, workplace accidents, and other forms of negligence. We investigate each death with our own in-house nurses and a network of outside experts, working to establish the cause, identify everyone who bears responsibility, and pursue the compensation the family is owed. We handle these cases on a contingency fee basis, so a family pays no attorney fees unless we recover money for them.

If your family has lost someone because of another party’s negligence, call us at 1-800-366-8653 for a free, confidential consultation. We will explain your options, answer your questions, and help you decide how to move forward.

What Is a Wrongful Death Claim in Michigan?

A wrongful death claim is a civil action brought on behalf of someone who was killed by the wrongful act, neglect, or fault of another. Under Michigan’s Wrongful Death Act, MCL 600.2922(1), if the person who died could have sued for the injury had they survived, the estate can bring that same claim after death. A Detroit case has to prove the same core elements as any injury case:

  • the at-fault party owed a duty of care,
  • that duty was breached and the breach caused the death, and
  • the death led to losses the law recognizes.

The claim belongs to the estate and the surviving family together, not to any single relative acting alone.

Who Can File a Wrongful Death Lawsuit in Detroit?

Michigan does not let individual relatives file a wrongful death lawsuit under their own names. Under MCL 600.2922(2), the case must be filed by the personal representative of the deceased person’s estate, in that representative’s name. The probate court appoints this person, usually a surviving spouse, an adult child, or another close relative named in a will.

Even though one person files, several relatives can share in a recovery. MCL 600.2922(3) lists who may be entitled to damages: the surviving spouse, children, grandchildren, parents, grandparents, and siblings, along with anyone named in the will. We help families open the estate, get a personal representative appointed, and account for every relative with a potential claim before the case moves ahead.

How Long Do Families Have to File a Wrongful Death Claim in Michigan?

The deadlines in these cases are strict, and missing one can end a claim no matter how strong it is. Which deadline applies usually depends on the conduct that caused the death. For most negligence-based claims, such as a fatal car or truck crash, Michigan allows three years from the date of death under MCL 600.5805(2). Claims based on medical malpractice generally have to be filed within two years of the negligent act or omission under MCL 600.5805(8) and MCL 600.5838a, with a limited six-month discovery extension in certain situations.

Michigan also has a saving provision for wrongful death. Under MCL 600.5852, the personal representative can generally file within two years after the probate court issues letters of authority, but no claim can be brought more than three years after the underlying limitations period has run. These rules overlap in ways that turn on the facts of each case, so it is worth speaking with a wrongful death attorney early enough that no deadline slips past.

What Damages Can Families Recover in a Michigan Wrongful Death Case?

Michigan law lets a court or jury award the damages it finds fair under the circumstances. Under MCL 600.2922(6), recoverable damages can include the reasonable medical and hospital bills from the final injury, funeral and burial costs, the conscious pain and suffering the person experienced before death, the loss of the financial support the family counted on, and the loss of the companionship and society the survivors shared with them.

The money from a settlement or verdict is not divided automatically. The personal representative proposes how to split it, and the court decides the allocation based on each person’s relationship to the deceased and the loss each one suffered. We build this evidence carefully so the full human and financial weight of the loss comes through. Families can look through our wrongful death settlements and verdicts to see the range of results we have obtained in fatal injury cases.

Wrongful Death Results in Michigan

Olsman MacKenzie Peacock has recovered substantial settlements for Michigan families who lost a loved one to negligence. A few examples across different types of cases:

  • $8,000,000 settlement for a family after a treating physician misdiagnosed a patient’s cancer, delaying the diagnosis past the point at which curative treatment was still possible.
  • $4,350,000 settlement for a family whose loved one was killed by a drunk driver, combining a dram shop claim against the restaurant that over-served the driver with a claim against the driver.
  • $2,500,000 settlement after a hospital delayed resuscitating a premature infant despite the parents’ repeated pleas, resulting in a fatal brain injury.
  • $1,100,000 settlement for the family of an 83-year-old adult foster care resident who died of asphyxiation from an improperly applied restraint.
  • $740,000 settlement for the family of a four-and-a-half-month-old infant who died from inadequate supervision at a licensed day care.
  • $600,000 settlement for the family of a 56-year-old man with heart disease who died after a physician prescribed a contraindicated medication without a cardiac evaluation.

More results are listed on our wrongful death settlement amounts page and our Client Victories page.

Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts, liability, surviving family relationships, and available insurance coverage in each matter. The amounts above were recovered for those specific clients.

What Types of Wrongful Death Cases Do We Handle in Detroit?

Almost any kind of negligence can lead to a wrongful death. Our attorneys handle fatal cases across the full range of personal injury law, including:

We hold leadership positions in state and national trial organizations, and one of our attorneys is board certified in truck accident law by the National Board of Trial Advocacy. Families dealing with a fatal crash can read more about our work on car and truck accidents, and anyone worried about a death in a care facility can review our resources on nursing home wrongful death.

Where Are Detroit Wrongful Death Cases Filed?

Wrongful death cases arising from incidents in Detroit generally go to the Wayne County Circuit Court, the Third Judicial Circuit Court of Michigan. It sits in downtown Detroit and is the largest trial court in the state. The related probate matters, including appointing the personal representative, run through the county probate court.

Our attorneys appear regularly in the courts throughout the Detroit area and know how these cases move locally. The firm also serves the surrounding Berkley and Detroit personal injury community from its Michigan offices.

Why Does Working With an Experienced Detroit Wrongful Death Lawyer Matter?

Fatal injury cases are some of the most demanding in personal injury law. They often mean reconstructing how the incident happened, tracking down medical and other records, consulting the right medical specialists, and putting a number on losses that reach years into the future. Insurers and defense lawyers tend to fight these claims hard because the stakes are high.

An experienced wrongful death lawyer can preserve evidence before it disappears, keep the claim within Michigan’s strict deadlines, and build the record needed to pursue full and fair compensation for the family. And because we work on a contingency basis, a family can move a claim forward without paying attorney fees unless we recover money.

How Can Olsman MacKenzie Peacock Help Detroit Families?

Olsman MacKenzie Peacock has represented injured Michigan residents and grieving families since 1969, recovering hundreds of millions of dollars in areas that include medical malpractice, nursing home neglect, and wrongful death. Our attorneys and nurses treat every client like family and take the time to walk through each option before a case moves forward. About nine in ten of our clients come to us through referrals from other attorneys, which says a great deal about how the legal community views our work. Families thinking about a claim can read reviews from Michigan families we have represented to get a sense of what working with us is like.

What Families Say About Olsman MacKenzie Peacock

Families who have worked with our wrongful death team often describe the same things: attorneys who answered the phone, explained each step, and kept fighting when the other side denied responsibility.

“I want everyone to know I am truly speaking from my heart about this law firm. I love them and what they did for my late fiance. My son and I are grateful. Because of how amazing these ladies work, I cannot stress how much they helped me get through a very difficult time and at the same time worked very hard to bring justice to us. They became family and so much more.”

★★★★★  D.B. | Wrongful death of a fiancé | Google review

“This lawsuit involved a wrongful death due to negligence at a senior care living establishment. The law firm took it all the way to the Michigan Supreme Court and won it. It took a while but was worth it to know that this same type of thing will not happen to someone else. Fantastic job, and thank you Donna MacKenzie and staff for the commitment to never giving up.”

★★★★★  C.J.R. | Wrongful death at a senior care facility | Yelp review

“I would highly recommend this law firm. Attorney Jules Olsman represented me during my late husband’s wrongful death lawsuit. The legal advice and support I received was always timely, professional and up to date. There were times I wanted to give up emotionally during the lengthy process, but I was always encouraged to keep going. Very thankful for the settlement and being at peace.”

★★★★★  M.W. | Wrongful death case | Yelp review

You can read more from families we have represented on our wrongful death reviews page.

If you have lost a loved one because of someone else’s negligence, call Olsman MacKenzie Peacock at 1-800-366-8653 for a free, confidential consultation. There is no fee unless we recover compensation, and the sooner you reach out, the more time we have to protect the claim before Michigan’s deadlines run out.

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