Wrongful Death

Michigan Wrongful Death Lawyers

Updated October 5, 2026 | Page Reviewed by Emily Peacock, Michigan Wrongful Death Lawyer

Our Michigan wrongful death lawyers have more than 100 years of combined personal injury experience and have recovered millions of dollars for families who have lost loved ones. The team includes firm founder Jules B. Olsman, who has more than 40 years of trial experience; Donna M. MacKenzie, a past president of the Michigan Association for Justice; Emily Peacock, 2025–2026 Chair of the AAJ Women Trial Lawyers Caucus; Ronda Little, who has more than 25 years of experience handling fatal medical malpractice cases; and Chrissy Hagen, who is Board Certified in Truck Accident Law by the National Board of Trial Advocacy. Olsman MacKenzie Peacock is ranked Tier 1 in Troy for Medical Malpractice Law – Plaintiffs in the 2026 edition of Best Law Firms. The firm’s attorneys have also been recognized by Super Lawyers, Best Lawyers, Avvo, and DBusiness. Our Michigan wrongful death attorneys represent families in cases involving fatal car and truck crashes, medical malpractice, nursing home abuse, defective products, dog attacks, and workplace accidents.

Losing a loved one because of another person’s negligence or misconduct is one of the most painful experiences a family can endure. Beyond the emotional toll, surviving family members often face overwhelming financial burdens, including funeral costs, medical expenses, and the loss of income and support.

At Olsman MacKenzie Peacock, our wrongful death lawyers have been fighting for Michigan families for decades. We have recovered millions of dollars on behalf of grieving families and are committed to holding negligent parties accountable. Our goal is not only financial recovery, but also justice — to prevent future tragedies and to honor the lives of those lost.

If your family has suffered the wrongful death of a loved one, call Olsman MacKenzie Peacock today at 1-800-366-8653 for a free consultation. Our Michigan wrongful death attorneys charge no fees unless we recover compensation for you.

What Is a Wrongful Death Claim in Michigan?

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional misconduct of another party. Under Michigan law, surviving family members may bring a claim to recover damages caused by the loss.

Common causes of wrongful death include:

Who Can File a Wrongful Death Lawsuit in Michigan?

Under Michigan’s Wrongful Death Act, MCL 600.2922, the lawsuit must be filed by the personal representative of the deceased person’s estate, not by family members individually. The statute then defines who may share in a recovery, limited to those who suffered a loss and survived the deceased:

  • Spouse
  • Children and their descendants
  • Parents
  • Grandparents
  • Brothers and sisters
  • Children of the deceased’s spouse (stepchildren)
  • Certain people named in the deceased’s will
  • If none of the above survive, those who would inherit under Michigan’s intestacy laws

What is the Deadline to File a Michigan Wrongful Death Claim?

The deadline for a Michigan wrongful death claim depends on the type of case, because wrongful death borrows the filing deadline of the underlying claim.

For most negligence-based deaths, including car and truck crashes and unsafe premises cases, the filing period under MCL 600.5805 is generally three years. When that period begins depends on the facts of the case, and it is not always the date of death.

Medical malpractice deaths follow a shorter and more complex schedule under MCL 600.5838a: generally two years from the negligent act or omission, or six months from when the malpractice was or should have been discovered, whichever is later, with an outer six-year limit in most cases.

A separate saving provision, MCL 600.5852, can give a newly appointed personal representative additional time, up to two years from the date the probate court issues letters of authority, when the person died before, or within 30 days after, the deadline ran. That extension has a hard cap and cannot push the deadline more than three years past the original period. Because these rules interact in ways that can shorten or extend your time without obvious warning, we encourage families to speak with us as early as possible.

What Compensation Is Available in a Wrongful Death Claim?

While no legal action can bring back a loved one, financial recovery can help ease the burdens families face and provide security for the future. Damages in Michigan wrongful death cases may include:

  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Lost wages and benefits the deceased would have earned
  • Loss of companionship, care, and guidance for surviving family members
  • Pain and suffering experienced by the deceased before death

Every case is different, and our attorneys take the time to understand the full impact a loss has had on your family.

How is a Wrongful Death Recovery Divided in Michigan?

How a Michigan wrongful death recovery is divided is set by MCL 600.2922, and the process is more structured than many families realize. A settlement or verdict is not simply split evenly. Instead, the personal representative asks the court for authority to distribute the funds, and the court holds a hearing after notifying everyone who may be entitled to recover.

The court first orders payment of the medical, hospital, funeral, and burial expenses the estate is responsible for. Those funds cannot be diverted to other debts of the estate. The court then divides the remaining proceeds among the surviving family members who suffered a loss, and reimburses the estate for the deceased’s conscious pain and suffering, in the amounts the court or jury finds fair and equitable, based on the actual relationship and loss each survivor experienced. Where everyone entitled agrees and no minor or incapacitated person is involved, the family can reach a written stipulation on the split instead.

Michigan courts measure each survivor’s loss by the real relationship with the person who died, looking at objective factors such as the time and activities they shared and the overall character of the relationship, rather than by family title alone. Because two people in the same family can receive very different amounts depending on their proven loss, disputes over allocation are common. We guide families through this process and advocate for a distribution that reflects each survivor’s real relationship with the person they lost.

How Wrongful Death Cases Are Proven

Successfully pursuing a wrongful death claim requires demonstrating:

  • Duty of care meaning the defendant had a responsibility to act safely and reasonably
  • Breach of duty meaning the defendant failed to meet that responsibility
  • Causation meaning the defendant’s negligence directly caused the death
  • Damages meaning the family suffered financial and emotional losses as a result

Our legal team works with investigators, medical experts, accident reconstructionists, and other specialists to gather the evidence needed to prove these elements in court.

Michigan Wrongful Death Settlements & Verdicts

These figures are a sample of our results. See our full list of Michigan wrongful death settlement amounts for the range of recoveries we have obtained and the factors that shape them.

$8,000,000: Settlement for the surviving family of a patient whose cancer was misdiagnosed by a treating physician. 

$4,750,000: Settlement against a federally funded clinic that failed to diagnose and report child abuse and neglect. 

$4,350,000: Settlement for the family of a victim killed by a drunk driver who had been served alcohol at a restaurant until intoxicated. 

$2,500,000: Settlement where a hospital delayed resuscitation of a premature infant despite the parents’ repeated pleas. 

$1,100,000: Settlement for the wrongful death of an 83-year-old adult foster care resident who died from asphyxiation caused by the improper application of a Posey vest restraint.

SEE OUR WRONGFUL DEATH SETTLEMENT RESULTS

Why Choose Olsman MacKenzie Peacock for a Wrongful Death Case?

Families across Michigan have trusted Olsman MacKenzie Peacock for decades because we combine compassionate client care with aggressive advocacy in the courtroom. Our attorneys are nationally recognized leaders in wrongful death and catastrophic injury litigation. We have recovered millions of dollars for grieving families, and we are committed to raising standards of safety to help prevent similar tragedies in the future.

When you work with our firm, you can expect:

  • Experienced trial attorneys with proven success in wrongful death litigation
  • A dedicated team approach where every case is handled with the full support of our lawyers, paralegals, and experts
  • Compassionate guidance throughout the legal process
  • A commitment to justice that goes beyond financial recovery to include accountability and change

If your family is facing the unimaginable loss of a loved one, you do not have to face it alone. The attorneys at Olsman MacKenzie Peacock are here to stand with you, guide you through the legal process, and fight for the justice your loved one deserves. Call us today at 1-800-366-8653 or reach out online to schedule a free consultation and learn how we can help.

Why Clients Choose Olsman MacKenzie Peacock

D.B. | Wrongful Death of a Fiancé | Google 5-Star Review
“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 fiancé. My son and I are grateful. I have to personally say that Emily and Callie are the truth. They are not only beautiful women but smart, on point, and going to go all the way and beyond for a client while making them feel welcome and loved. 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. Tears are not enough to express how much I adore these strong, amazing women. They became family and so much more. This firm is truly blessed to have Emily and Callie. I strongly suggest them to anyone. They made me feel wonderful, and I will be forever grateful.”

C.R. | Wrongful Death Case | Google 5-Star Review
“I would like to thank my lawyer Donna MacKenzie and her staff for handling my case. You guys did a superb job. My family was pleased with how everything turned out. Thank you.”

L.A. | Personal Injury Case | Google 5-Star Review
“I have not one negative word to say regarding Jules Olsman and this law firm. Jules was always available to answer my questions and set my mind at ease. He always had my best interest in mind and was always professional. I would definitely recommend Jules Olsman to anyone in need of a personal injury attorney. If I had to say one word to describe my experience with this law firm: AWESOME.”

 


Frequently Asked Questions About Wrongful Death in Michigan

How long do I have to file a wrongful death lawsuit?

The deadline depends on the type of case. Most negligence-based wrongful death claims must be filed within three years, while medical malpractice claims generally have a two-year deadline. A separate saving provision can also give a newly appointed personal representative more time, measured from the date the probate court issues letters of authority. Because missing the deadline can bar recovery entirely, we cover the specifics in the deadlines section above and encourage families to contact us early.

How is a wrongful death settlement divided among family members?

Distribution is governed by MCL 600.2922 and approved by the court after a hearing, with funds divided among eligible survivors based on each person’s actual loss. See the section above on how damages are divided for the full process.

Do I need to go to court to resolve a wrongful death claim?

Not always. Many cases are resolved through settlement, but our attorneys prepare every case as if it will go to trial to ensure the strongest possible position.

Can punitive damages be awarded in Michigan wrongful death cases?

Michigan law generally does not allow punitive damages, but families can recover substantial compensatory damages for financial and emotional losses.

Why Families Trust Olsman MacKenzie Peacock

For decades, our attorneys have been national leaders in wrongful death litigation, especially cases involving nursing home neglect and medical negligence. Our team includes:

  • Jules B. Olsman – More than 40 years of trial experience in wrongful death and injury litigation.
  • Donna M. MacKenzie – Past president of the Michigan Association for Justice and recognized nationwide for her advocacy on patient safety.
  • Emily Peacock – Chair (2025–2026) of the AAJ Women Trial Lawyers Caucus and passionate advocate for families across Michigan.
  • Lauren Walson, Michael C. Dennis, and Michaelene Sowinski – Trial attorneys who combine compassion with courtroom strength.

We have recovered millions for Michigan families, but our mission goes beyond financial recovery — we seek accountability to prevent similar tragedies in the future.

Call 1-800-366-8653 today or contact us online for a free consultation with a Michigan wrongful death lawyer.

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, which I understand does take time, but I was always encouraged to keep going. Very thankful for the settlement and being at peace.
★ ★ ★ ★ ★
M.W.
This lawsuit involved a wrongful death due to negligence at a senior care living establishment. The law firm of Olsman and MacKenzie 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. These senior living homes charge a fortune but are not really interested in providing the care or safety your loved one truly deserves, so buyer beware. Fantastic Job!! Thanks for an excellent job Donna MacKenzie and staff and for the commitment to never giving up!!
★ ★ ★ ★ ★
C.J.R.