Michigan Wrongful Death Claims: Legal Overview
"Under the Michigan Wrongful Death Act, MCL 600.2922, all claims for a decedent's damages before death and for damages arising from a decedent's death are governed by statute, unlike other torts that have common law origins.
A wrongful death action can only be initiated by the personal representative of the deceased's estate, as outlined in MCL 600.2922(2) and supported by the case O'Dowd v GMC, 419 Mich 597, 358 NW2d 553 (1984). This legal action represents the estate and must encompass the claims of all individuals who suffer losses and are legally entitled to seek damages as a result of the death, as specified in MCL 600.2922(3).
If no estate has been established and no personal representative appointed, a petition must be filed in probate court to start the proceedings. The process for appointing a personal representative is detailed in the Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq., and related probate court rules, including MCL 700.3401 et seq.; MCR 5.302 et seq.
After the estate is established and the probate court issues letters of authority, the personal representative gains the legal capacity to file the wrongful death lawsuit.
Since the lawsuit is brought on behalf of all potential beneficiaries, statutory notice requirements must be followed. Within 30 days of filing the lawsuit, the personal representative is required to serve a copy of the complaint and a specific notice to each individual who may have a right to claim damages. The procedures for serving these documents are outlined in the probate court rules, MCL 600.2922(2). The content of the notice, which informs potential claimants of their rights, is detailed in MCL 600.2922(4)."