No-fault benefits for the family
These are paid by the insurer first in line under the priority rules, without proof of fault:
- Funeral and burial. The amount stated in the policy, which must be at least $1,750 and no more than $5,000 (MCL 500.3107).
- Survivors’ loss. For dependents, the financial support the person would have provided, plus up to $20 a day for services they would have performed, for up to three years after the crash (MCL 500.3108). The monthly maximum is adjusted each year with the work loss cap; for accidents from October 1, 2026 through September 30, 2027 it is $7,455 per 30 days.
- Medical care before death, and any wage loss and other benefits owed for the time the person survived.
The one-year notice rule applies. More detail: survivors’ loss and funeral benefits.
The wrongful death claim
Michigan’s wrongful death act, MCL 600.2922, lets the estate recover from anyone whose negligence caused the death. In a crash case that is usually the at-fault driver, and may include the vehicle’s owner (MCL 257.401), the driver’s employer, a bar that served a drunk driver, or a government agency.
Michigan’s no-fault act allows tort claims for noneconomic loss only after death, serious impairment of body function or permanent serious disfigurement. Death meets that test, so the estate does not have to prove a threshold injury.
Damages the estate can recover
The jury, or the parties in settlement, may award what is “fair and equitable under all the circumstances,” including:
- Reasonable medical, hospital, funeral and burial expenses the estate is liable for
- Conscious pain and suffering of the person between the injury and death
- Loss of financial support
- Loss of society and companionship
In an auto case, economic losses that no-fault already covers are not paid twice. Loss of support beyond three years, or above the survivors’ loss cap, can be claimed as excess economic loss. Punitive damages are generally not available in Michigan.
Who shares in the recovery
Under MCL 600.2922(3), those eligible include the spouse, children, descendants, parents, grandparents and siblings who suffered damages; the children of the person’s spouse; and people who take under the will. If none of the listed relatives survive, the people who would inherit without a will are eligible.
Distribution is court supervised. The personal representative files a motion to distribute, everyone who may be entitled gets notice, and the court holds a hearing. Medical and funeral expenses are paid first, then the court divides the rest among those who suffered losses, with any award for conscious pain and suffering going to the estate. If every eligible person is an adult with capacity and all sign a verified agreement on shares, the court follows it. Anyone who wants a share must present the claim by the hearing date or lose it.
The personal representative
The wrongful death suit must be brought by and in the name of the personal representative. If no estate exists, a family member asks the probate court to appoint a personal representative, who receives letters of authority. Within 30 days after filing the suit, the personal representative must serve the complaint and a notice on everyone who may be entitled to damages.
Deadlines
The general limit for a wrongful death suit is three years (MCL 600.5805). MCL 600.5852 adds a saving period: if the person died before the limit ran, or within 30 days after, the personal representative may file within two years after letters of authority are issued. No suit may be filed more than three years after the original limit ran out.
Shorter deadlines can apply. A dram shop claim against a bar must be filed within two years, and claims involving government vehicles, public buses or road defects require notice in as little as 60 days to six months. See government claims and drunk drivers.
What to do now
- Gather the death certificate, police report number and the person’s auto policies.
- Do not give recorded statements to the at-fault driver’s insurer.
- Talk to a lawyer about opening the estate before any deadline approaches.
We will speak with your family at a time that works for you. Contact us.
By city
We handle fatal crash claims across metro Detroit and the rest of Michigan. Local courts, police agencies and 2024 crash numbers for the cities where we see the most cases:
- Detroit
- Warren
- Sterling Heights
- Ann Arbor
- Dearborn
- Livonia
- Clinton Township
- Canton Township
- Troy
- Westland
- Farmington Hills
- Southfield
See all locations we serve, or contact us for a free review.
Sources: MCL 600.2922; MCL 600.5805; MCL 600.5852; MCL 500.3107(1)(a); MCL 500.3108; DIFS Bulletin 2026-20-INS; MCL 500.3135; MCL 500.3145; MCL 257.401; MCL 436.1801.
Questions people ask us
Who can file a wrongful death lawsuit in Michigan?
Only the personal representative of the person’s estate. Family members do not sue individually. The probate court appoints the personal representative, and the damages recovered are then divided among eligible family members under court supervision.
How long does a family have to file a wrongful death claim?
The general limit is three years. If the person died before that period ran out, the personal representative may file within two years after letters of authority are issued, but no later than three years after the original limit expired.
Does the family get no-fault benefits after a fatal crash?
Yes. No-fault pays funeral and burial expenses in the amount set by the policy, at least $1,750 and up to $5,000, and survivors’ loss benefits to dependents for up to three years. These are paid regardless of who caused the crash.
Who shares in a wrongful death recovery?
The spouse, children, descendants, parents, grandparents and siblings who suffered damages, the children of the person’s spouse, and people named in the will. The court decides the shares after notice and a hearing, unless all eligible adults sign an agreement.