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Answers To Questions on Damages in Wrongful Death Claims in Michigan


In a previous article, we discussed that wrongful death claims in Michigan are cases filed by grieving families. Generally, when a case cannot reach the same level of burden of proof, it switches to a claim where there are fewer criminal elements or a lower burden of proof. This is where wrongful death may be filed by the bereaved family.

In this article, let us look at who is entitled to damages in wrongful death claims in Michigan. 

Who is entitled to file a case?

The Michigan Supreme Court stated that a “wrongful-death action is a derivative claim brought by a decedent’s personal representative in the decedent’s shoes, the touchstone being whether the decedent could have maintained the action if death had not occurred”.

The case may be filed by the deceased person’s spouse, his or her children, step-children, and other descendants. The parents, grandparents, brothers, and sisters may also file the case as well as the person inheriting the decedent’s estate

Who is named in the case?

The Supreme Court in Michigan made a clear pronouncement on who is named in the case, to wit:

“Every such action shall be brought by, and in the names of, the personal representatives of such deceased person, and in every action the court or jury may give such damages, as, the court or jury, shall deem fair and just, with reference to the pecuniary injury resulting from such death, to those persons who may be entitled to such damages when recovered and also damages for the reasonable medical, hospital, funeral and burial expenses for which the estate is liable and reasonable compensation for the pain and suffering, while conscious, undergone by such deceased person during the period intervening between the time of the inflicting of such injuries and his death . . . [1940 CL Supp 14062; 1939 PA 297, § 2.]”

How are damages calculated?

Damages are calculated with the following guidelines:

  • The general rule is that remote, contingent, and speculative damages cannot be recovered in Michigan in a tort action.” Healthcall of Detroit v Atrium Home & Health Care Servs, Inc, 268 Mich App 83, 96; 706 NW2d 843 (2005)
  • Recovery of damages is not precluded “for lack of precise proof,” nor must a plaintiff provide “mathematical precision in situations of injury where, from the very nature of the circumstances, precision is unattainable, particularly in circumstances in which the defendant’s actions created the uncertainty.” Hannay v Dep’t of Transp, 497 Mich 45, 79; 860 NW2d 67 (2014).

In the coming articles, we will dive more into wrongful death claims in Michigan.

Haque Legal Has Your Back

Here at Haque Legal, we always have your back. Make sure that on your first free consultation, we tell you everything that you need to know about your case as well as the cost and the expenses that would be associated with the filing of your case. 

The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have a personal injury case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.

Let Haque Legal Help You With Your Case

If you require a lawyer who can assist you with ensuring that you protect your rights, it is essential to know that you also have a team that can help you out with your specific needs. 

Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used. 


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

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If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.

The post Answers To Questions on Damages in Wrongful Death Claims in Michigan appeared first on Haque Legal.

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