Wrongful Death Lawyers in Michigan

The phone does not stop ringing after a fatal crash. Adjusters, funeral directors, and hospital billing offices all want answers your family is not ready to give, and the people who loved your person the most are the ones facing those calls first. Grief and legal deadlines arrived on the same day, and neither one will wait.

No lawyer can bring your person back. What the right firm can do is take the procedural weight off your family so you are not making legal decisions in the middle of grief, and so the adjusters, courts, and deadlines stop feeling like something you face alone.

At Matz Injury Law, our Michigan personal injury attorneys handle wrongful death claims from the moment a probate estate opens through final settlement approval. Our reported wrongful death results reach into the millions across fatal motorcycle, truck, auto, and pedestrian cases. When your family is ready to talk, we will explain what comes next in plain language and at your pace.

What Counts as a Wrongful Death Under Michigan Law

The Michigan Wrongful Death Act defines the claim your family may bring when another party’s conduct causes a death. Most fatal accidents in Michigan involve motor vehicles, but the law applies to any death that would have supported a personal injury claim if the person had survived.

A wrongful death occurs when a person dies because of the wrongful act, neglect, or fault of another, in a situation where the person could have filed a personal injury claim had they lived. The claim belongs to the estate, not to individual family members.

Common Causes of Fatal Accidents in Michigan

Most Michigan wrongful death claims arise from preventable motor vehicle crashes and other negligent conduct. We handle fatal claims across the following accident types:

• Car accidents, including high-speed highway crashes and intersection collisions
• Truck accidents involving commercial vehicles, cement trucks, and semi-tractor trailers
• Motorcycle accidents
• Drunk driving accidents and crashes caused by impaired drivers
• Pedestrian and bicycle accidents involving motor vehicles
• Slip and fall fatalities on unsafe premises
• Dog attacks causing fatal injuries
• Boating accidents on Michigan waterways
• Swimming pool accidents and drownings

Every accident type involves its own evidence, its own insurance layers, and its own proof problems. A fatal truck collision requires the carrier’s electronic logs and driver qualification file. A motorcycle wrongful death claim often hinges on helmet use, visibility, and the at-fault driver’s speed at impact.

How Criminal Charges and Civil Wrongful Death Claims Differ

A criminal prosecution and a civil wrongful death claim are separate tracks that often run at the same time. The criminal case, brought by the county prosecutor, asks whether the at-fault party committed a crime and seeks punishment through jail time, probation, or fines. The civil wrongful death claim, brought by the family through the estate, asks whether the at-fault party caused the death and seeks compensation for your losses.

The burden of proof is different in each. A criminal conviction requires proof beyond a reasonable doubt, while a civil claim only requires a preponderance of the evidence. For that reason, an at-fault driver acquitted of criminal charges can still be held legally responsible for the death in a civil wrongful death case.

Why Choose Matz Injury Law for Your Michigan Wrongful Death Case

Steven and Jared Matz have guided Michigan families through wrongful death claims for more than four decades. When a family loses someone to a fatal crash, the legal work is only one part of the loss, and we built this firm around treating both.

Decades of Michigan Personal Injury Experience

Steven J. Matz founded the firm in 1977 and has spent more than 40 years litigating Michigan personal injury cases. He holds an AV Preeminent rating from Martindale-Hubbell and was inducted into the Michigan Lawyers Weekly Hall of Fame.

Steven obtained the largest reported settlement for motor vehicle accidents in Michigan at $3 million in 2009, as reported by Michigan Lawyers Weekly. He has recovered $1 million or more for clients in nine separate personal injury categories and received the America’s Top 100 Attorneys Lifetime Achievement Award.

Jared Matz joined the firm in 2016 after graduating magna cum laude from Thomas M. Cooley Law School. Jared focuses on motor vehicle accident cases and cases involving children, two areas that frequently intersect with wrongful death litigation. Together, the firm has recovered more than $300 million for Michigan clients.

Notable Wrongful Death Results

Past wrongful death results do not predict what any other family’s claim will recover. Michigan juries and probate courts evaluate every claim on its own facts, coverage, and evidence. The following outcomes reflect the fatal accident cases we have handled and the ranges of recovery we have obtained for Michigan families:

• $4,150,000 settlement for the family of a college student killed in a motorcycle traffic crash in Washtenaw County, with the recovery drawn from three different insurance companies
• $3,450,000 settlement in Genesee County against a cement company whose truck crossed the center line and caused three deaths, while also severely injuring a 4-year-old boy. The settlement was $450,000 above available insurance
• $2,350,000 wrongful death motorcycle accident settlement
• $1,740,000 settlement in Calhoun County against a 19-year-old driver and the fraternity where he had been drinking before a head-on collision that killed a 52-year-old husband and father of three

A Lower Fee So Your Family Keeps More of the Settlement

At Matz Injury Law, our contingency fee is 22%, not 33 ⅓% at all stages, including trial. On a $1 million recovery, that difference means roughly $110,000 more stays with your family instead of going to the firm.

We can charge 22% because we obtain results, not because we cut corners. Consultations are free, and we collect no attorney fees unless we recover compensation for your family.

Client Testimonials

“My parents were involved in a fatal car accident, where we needed guidance dealing with the insurance company. A month after the accident the insurance agency had stopped addressing our calls and emails. Retaining Steve Matz and his team was the absolute best decision we made for my mom. He was professional from start to finish and we had a settlement quickly. Steve answered all of our calls and emails, and assured us that he would take care of our family during this time. If you are questioning whether seeking guidance is needed, don’t hesitate and reach out. Steve was very open about what he could do for our case, and how retaining his services could impact our timeline. We felt as though we were talking to a friend, not an attorney, whom checked on us often. Thank you for all you have done for our family, especially my mom during this time. Your service and compassion deserves more than 5 stars!” – Sarah M.

“My family is grateful for Steve Matz’s professional handling of our case. Steve was very thorough, candid, responsive, and strategic in his approach throughout our legal proceedings. If ever in a situation again like my family has experienced over the past year, we would immediately retain Matz Injury Law to represent our interests. Thank you Steve.” – John P.

What to Do in the First 30 Days After a Fatal Accident in Michigan

The first weeks after a fatal accident feel impossible to move through. Grief, funeral planning, and insurance calls all arrive at once, and the choices your family makes during this window will follow the wrongful death claim for months. The protective steps below preserve your legal rights long before the filing deadline becomes a factor.

Preserve Evidence From the Scene and the Vehicle

Physical evidence can disappear within days. The at-fault driver’s insurance adjuster, defense counsel, and accident reconstructionists may reach the scene or the vehicle before your family has even ordered the death certificate.

If it is safe, try to photograph the scene and request a copy of the traffic crash report from the investigating agency. If the vehicle is in storage, consider holding off on salvage or repair until counsel has reviewed it. Keep every medical record, coroner’s report, and autopsy finding, and write down the names and contact information of any witnesses who spoke to you at the scene.

Open a Probate Estate and Appoint a Personal Representative

Only the personal representative of the deceased’s estate can file a Michigan wrongful death claim. The probate court in the county where the person lived must appoint the representative before any complaint can move forward, which means the probate process has to run in parallel with the investigation.

Most probate courts can appoint a personal representative within weeks of the death if the required documents are in order. Families who wait to open the estate may find themselves racing the three-year filing deadline later, when evidence and witnesses have already started to fade.

Avoid Recorded Statements to Insurance Adjusters

The at-fault driver’s insurer and your loved one’s own no-fault carrier will often call within days of the accident. Adjusters may ask for a recorded statement, request a blanket medical authorization, or extend an early settlement offer that does not reflect the full scope of the family’s losses.

Defense counsel can pull early statements out months later to limit damages or contest causation. Try to route all communication through counsel once you retain the firm, and avoid signing any release, blanket authorization, or settlement document without legal review.

Family Members Eligible to File a Michigan Wrongful Death Claim

Only one person files the wrongful death claim, but many family members may share in any recovery. Michigan law separates the role of filing the lawsuit from the right to receive proceeds, and the probate court controls both. Where your family member fits in the law shapes what role you will play in the case.

The Personal Representative’s Legal Role

The probate court appoints the personal representative in the county where the deceased lived, usually a surviving spouse, adult child, or other close family member. This person brings the wrongful death claim on behalf of the estate and on behalf of every family member who may share in the recovery. The personal representative does not have to be a lawyer, but the role carries real legal duties, including filing, service, and the decisions that move the case forward.

Within 30 days of filing the wrongful death complaint, the personal representative must serve a copy of the complaint and a statutory notice on every person who may share in the damages. A missed service window can delay the claim and create disputes later in the case.

Family Members Who May Receive Compensation

Wrongful death recoveries in Michigan reach further than the immediate household. Michigan law lists every family member eligible to share, from spouses and children to anyone who depended on the deceased financially:

• Spouse
• Children and descendants
• Parents and grandparents
• Brothers and sisters
• Children of the deceased’s spouse
• Devisees named in the deceased’s will
• Stepchildren and step-parents who depended on the deceased financially
• Any other person who can prove financial dependence on the deceased at the time of death

Once the personal representative files the claim, eligible family members have 60 days to give the personal representative’s attorney any material facts that support their share. A missed 60-day window does not always end the claim, but it makes the share much harder to prove at distribution.

Damages Available in a Michigan Wrongful Death Case

A Michigan wrongful death award covers both the financial losses your family has suffered and the harder-to-measure losses of the relationship itself. The court or jury decides what award is fair and equitable under the circumstances, and the categories reach further than many families expect.

Economic Damages

Economic damages cover the concrete financial losses the estate and the family have suffered because of the death:

• Reasonable medical, hospital, funeral, and burial expenses
• Loss of the financial support the deceased would have provided over their working years
• Loss of household services such as cleaning, maintenance, childcare, and other day-to-day labor

Economic damages have no statutory cap under Michigan law.

Non-Economic Damages for Surviving Family

Non-economic damages compensate your family for the relationship itself and for any pain the deceased experienced before death. Under the Michigan Wrongful Death Act, these include:

• Loss of society and companionship, covering the guidance, comfort, and presence that the family will no longer have
• Reasonable compensation for any conscious pain and suffering the deceased experienced between the injury and death

Michigan does not recognize punitive damages in the traditional sense. Where a defendant’s conduct was particularly egregious, the correct term under Michigan law is exemplary damages, and the availability depends on the facts. Non-economic damages vary widely from one family to the next, and your firm will measure them against the specific evidence in your case.

No-Fault PIP and Survivor’s Loss Benefits

Michigan’s no-fault insurance act adds a separate layer of benefits after a fatal motor vehicle accident. The deceased’s own auto insurer, or the personal injury protection carrier assigned under Michigan’s priority rules, pays survivor’s loss benefits to dependents and covers funeral expenses up to the policy limit.

Survivor’s loss benefits run alongside the wrongful death tort claim against the at-fault driver, not instead of it. Your family can pursue both recoveries at the same time. The Michigan Department of Insurance and Financial Services publishes consumer guidance on these benefits, but the interaction between the no-fault act and a wrongful death claim is where most families need counsel.

Factors That Affect the Value of a Michigan Wrongful Death Claim

No formula sets the value of a Michigan wrongful death claim. The court or jury awards what is fair and equitable under the circumstances, and a few core factors shape what that looks like:

• The deceased’s income, age, and role in the family. A young parent with decades of earnings and household work ahead produces a different loss calculation than a retiree on a fixed income. A stay-at-home parent’s lost work at home can carry real value even without a paycheck.
• Available insurance and policy limits. Most recoveries hit the ceiling of available insurance before they reach the full value of the loss. The at-fault driver’s liability policy, any umbrella policy, the no-fault PIP carrier, and uninsured or underinsured coverage on the deceased’s own policy all come into play. A fatal trucking case often involves several layers reaching into the millions.
• The strength of the liability evidence. Clear fault produces a stronger claim. Crash reports, scene reconstruction, dashcam footage, witness statements, and any criminal charges all carry weight. Michigan is a comparative fault state, so any argument that the deceased contributed to the crash can reduce the family’s recovery.
• The early investigation. A clean coverage picture in the first 30 days drives the settlement strategy for the rest of the case. We have found policies families did not know existed, including umbrella coverage and secondary carriers on commercial vehicles.
• Whether the defense contests liability. Clean-fault claims often move to settlement faster because the defense has little room to fight causation. Contested-fault claims may take accident reconstruction specialists, scene visits, and witness depositions before the insurer will negotiate.

Statute of Limitations for a Wrongful Death Lawsuit in Michigan

A statute of limitations functions as a time limit you have to file any lawsuit. A Michigan wrongful death lawsuit usually must be brought within three years of the date of death. For a medical malpractice lawsuit, the statute of limitations in Michigan is six years. If the wrongful death claim is not filed in a timely fashion, it may be barred from court. That’s another reason why it’s important to contact a Michigan wrongful death lawyer quickly, so you don’t miss your window for a wrongful death lawsuit.

Still, many extenuating circumstances may expand the time limit, and just because you are a bit beyond the window doesn’t mean you cannot file. For example, if the defendant in a medical malpractice case fraudulently hid their mistake, the six-year statute of limitations does not apply.

You should always contact a Michigan wrongful death attorney for a free consultation about your legal rights.

What is the Wrongful Death Payout Process Like?

After the parties agree on a wrongful death settlement, the process of paying out the damages to the family begins. In order to avoid undue disagreements between family members, the personal representative will usually manage this process. They can sit down with the family members or send them a written wrongful death settlement proposal. If the family members believe it is unfair, they can dispute it. Any such disputes can be brought up at a hearing, where a judge will make the final decision. In the best scenario, however, everyone agrees, and the money is distributed from the estate.

How Are Wrongful Death Settlements Taxed in Michigan?

The IRS classifies most wrongful death damages as untaxable because it is considered compensation for injuries or sickness. However, there are some elements of a wrongful death settlement that are taxable, including:

• Any awards for punitive damages
• Any interest earned from a settlement
• Any portion of your settlement that covers medical expenses that you have already previously deducted from your income
• Any portion of your settlement that covers emotional distress that was not the result of illness or injury

Your wrongful death lawyer can help you understand the nuance of what is and is not taxable from your wrongful death settlement.

Speak With a Michigan Wrongful Death Lawyer Today

Your family deserves a conversation before any decision, not a sales pitch. At Matz Injury Law, we will walk you through what the next steps look like in your county. Our legal team travels to clients throughout all 83 Michigan counties, including the Upper Peninsula, and someone answers our phone line 24 hours a day.

Consultations are always FREE. You owe no fee unless we recover compensation for your family. Call 866-226-6833 or reach out through our online contact form whenever you are ready to talk.