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Petoskey Wrongful Death Lawyer
Table of Contents
Losing someone you love is devastating in any situation, but the grief can feel even heavier when the loss happened because another person or company acted negligently. Families may be left with medical bills, funeral costs, lost income, and the sudden absence of the care, support, and companionship their loved one provided. During this vulnerable time, insurance companies may contact you with questions or a settlement offer before you fully understand your rights.
It is also important to act before evidence becomes harder to collect. Witness memories can fade, records can become more difficult to obtain, and Michigan law places a deadline on wrongful death claims. If that deadline passes, your family may lose the ability to pursue compensation available under state law.
At Matz Injury Law, we help Petoskey families through the wrongful death process with compassion, clarity, and steady support. Our team can investigate what happened, communicate with insurance companies, and prepare a wrongful death claim that reflects the full impact of your loss. While a lawsuit cannot undo what your family has experienced, it can help protect your rights and provide a path toward accountability.
Why Choose Matz Injury Law for Your Petoskey Wrongful Death Case
No family should face the aftermath of a fatal crash alone. Since 1977, we have represented Michigan families through the weeks when probate, the police investigation, and the insurance claim all begin at once.
Our founder, Steven Matz, practices alongside his son Jared. Steven carries more than 40 years of Michigan personal injury experience, an AV Preeminent rating from Martindale-Hubbell, and a seat on the Michigan Attorney Discipline Board.
Proven Results in Michigan Wrongful Death and Fatal Motor Vehicle Cases
We have recovered over $300 million for Michigan clients, including reported outcomes in fatal motor vehicle cases:
- $4.15 million settlement for the family of a college student killed in a motorcycle crash involving three insurance companies
- $3.45 million commercial vehicle settlement for a family who lost loved ones to an inattentive cement truck driver
- $1.5 million wrongful death settlement for the family of a 65-year-old retired man killed in an auto crash in Saginaw County
Every fatal crash case turns on its own facts. We review each family’s circumstances individually during a free consultation.
Keep More of Your Recovery With Our 22% Contingency Fee
The last thing a grieving family should worry about is how to pay a lawyer. A contingency fee means you pay nothing up front, and if we do not recover for your family, you pay nothing at all.
Michigan court rules permit attorneys to take up to 33 1/3% of a wrongful death recovery. We charge 22%. On a seven-figure recovery, that 11 1/3 point gap represents over $100,000 that your family retains for funeral costs, medical bills, and the years of support your loved one would have provided.
Our Wrongful Death Attorneys
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.
“This past year has been the most difficult of our lives after losing our 16-year-old daughter to a drunk driver. In the midst of our grief, we reached out to Matz Injury Law to explore our options. From the very beginning, Steve was exceptional—he carefully explained every possible avenue and ensured no detail was overlooked, all while respecting our wishes. Not only did Steve guide us through the civil and probate process, but he also supported us throughout the criminal trial of the driver responsible for our daughter’s death. Although I initially resisted the idea of receiving anything for her loss, Steve gently encouraged us to pursue the insurance payouts we were entitled to. His deep empathy for my wife and our two other children helped ease the weight of this tragedy. Thank you, Steve, for your unwavering support.” – Dennis B.
How to Know If You Have a Wrongful Death Case in Michigan
Many families ask whether their loss qualifies as a wrongful death case, and the answer is not always obvious in the first weeks after a crash. Under Michigan law, three elements have to line up:
- The at-fault party owed your loved one a legal duty
- The at-fault party breached that duty
- That breach caused the death
If your loved one could have filed a personal injury claim, the estate can now pursue a wrongful death claim under Michigan law.
Fatal motor vehicle crashes on US-31 or US-131 often lead to these claims. Truck crashes, motorcycle accidents, and dangerous property conditions can also qualify.
If you are unsure about your situation, we review the facts with you at no cost.
Who Can File a Wrongful Death Claim in Michigan?
A spouse, parent, or sibling cannot simply file the wrongful death case themselves. Michigan’s MCL 600.2922 requires the probate court to appoint one personal representative of the estate, and that person files the claim on behalf of everyone entitled to recover.
The probate court handles the appointment in the county where your loved one lived. For Emmet County families, that is the 7th Probate Court at 200 Division Street in Petoskey.
The full process usually takes a few weeks, which is why grieving families often lose time before the wrongful death claim itself can move.
Eligible Family Members Who May Receive Damages
MCL 600.2922(3) identifies the categories of family members who may receive damages from a Michigan wrongful death settlement or verdict. This includes:
- The surviving spouse
- Children
- Descendants
- Parents and grandparents
- Brothers and sisters
- Anyone named as a devisee in a valid will
The probate court divides the recovery among eligible family members after the case settles or a jury returns a verdict, not the insurance company or the defense. Each family member’s share depends on the loss they have suffered, which is why documenting each person’s relationship with your loved one matters early in the case.
What Damages Can Petoskey Families Recover in a Wrongful Death Case?
When a family loses a loved one in a fatal crash, Michigan law recognizes both the financial and the emotional losses they carry forward. The law does not allow punitive damages. In limited situations, courts may award exemplary damages in cases involving drunk drivers with a history of impaired driving.
Economic Losses
Economic losses cover the measurable financial impact of the death. This includes:
- Reasonable medical and hospital bills from the injury through the death
- Funeral and burial expenses
- Loss of the financial support your loved one would have provided to dependents
- Loss of the future earnings they would have contributed to the household
The estate pays the medical and funeral bills, so opening probate early matters.
Non-Economic Losses Including Loss of Society and Companionship
Non-economic damages cover the losses you cannot measure on a receipt. The statute allows the estate to recover for the conscious pain and suffering your loved one experienced between the injury and the death, and for the loss of society and companionship that surviving family members carry forward.
That second category matters in a wrongful death case. It is the law’s way of acknowledging that a spouse has lost a partner, a child has lost a parent, and a parent has lost the years they expected to have with their child.
How Long Do I Have to File a Wrongful Death Claim in Michigan?
Michigan gives you three years from the date of death to file a wrongful death lawsuit under MCL 600.5805. A claim filed after that window is usually time-barred, which means the court can dismiss it regardless of the facts.
That may sound like plenty of time when you are still grieving. In a wrongful death case, it is not.
Probate takes its own weeks to finish, and those weeks come out of your three-year window.
Give yourself real time. A case filed in the last month before the deadline rarely has room for the investigation and review that a fatal crash case requires.
Frequently Asked Questions About Wrongful Death Claims in Petoskey
Is There a Difference Between a Wrongful Death Claim and a Survival Action in Michigan?
Yes and no. Some states keep wrongful death and survival actions as two separate claims, but Michigan consolidates them under MCL 600.2922. Your loved one’s pain and suffering between the injury and the death are recoverable through the same wrongful death action, along with the losses the family has carried since. You file one case, not two.
What Happens If the Insurance Company Denies Our Wrongful Death Claim?
A denial can happen in a wrongful death case. An insurance company may argue that your loved one contributed to the crash or that the death did not result from the accident itself.
When that happens, we gather the evidence record, bring in an accident reconstructionist where the facts call for it, and file a wrongful death lawsuit in the 57th Circuit Court. Once we file, the carrier has to defend its denial in front of a judge, not in a letter to you.
Can We Recover Damages If Our Loved One Shared Fault?
Yes, in many shared-fault situations. Michigan uses modified comparative fault, which means your recovery drops by the percentage of fault the court assigns to your loved one.
If the evidence places your loved one at more than 50% fault, the family cannot recover non-economic damages, though economic losses remain recoverable. Fatal crashes often involve a clearly at-fault driver on the other side, and we review shared-fault questions case by case.
Do We Have to Go to Court for a Wrongful Death Case?
Many wrongful death claims in Michigan settle with the at-fault driver’s insurance carrier before a lawsuit reaches a jury. When a carrier refuses to offer a fair settlement, we file the case in Circuit Court and take it to trial if that is what it takes.
Talk to a Petoskey Wrongful Death Lawyer Today
If you have lost a loved one in a fatal crash in Petoskey or anywhere in Emmet County, we are here to help you understand your next steps.
Call us at 866-226-6833 or reach out through our online contact form to speak directly with our team. Let our team handle your wrongful death claim so your family can focus on what matters.
Written By Steven Matz
Steven J. Matz is the founder of Matz Injury Law, specializing in personal injury litigation with a focus on car accident victims. With over 40 years of legal experience, Mr. Matz has achieved numerous million-dollar settlements. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized among Michigan’s Top Attorneys. Steven J. Matz is a frequent lecturer on legal ethics and personal injury law, and serves on the Michigan Attorney Discipline Board.
