Fatal Car Accidents

Experienced Michigan Injury Lawyers Aggressively Pursuing Compensation on Behalf of Grieving Families

A fatal crash reshapes a family in an instant. Funeral arrangements, medical bills, and the empty seat at dinner collide with insurance adjusters asking for recorded statements and paperwork you didn’t know existed. You do not have to sort through any of that alone. But Michigan law puts specific deadlines on what your family can recover, and those deadlines start running the day of the accident.

As a Michigan fatal car accident lawyer, our job at Neumann Law Group is to handle the legal process so your family can handle everything else. We represent surviving spouses, parents, children, and estates across the state—from Traverse City to Grand Rapids to Detroit—in wrongful death claims arising from crashes caused by drunk drivers, distracted drivers, speeding, and negligent commercial operators. Michigan’s no-fault auto system and its wrongful death statute work together in ways that surprise most families, and the at-fault driver’s insurance company is counting on that confusion.

If someone else caused the crash, your family has two parallel rights: PIP benefits under Michigan’s no-fault system, and a wrongful death claim under the serious impairment threshold (MCL 500.3135) against the at-fault driver. These are separate claims with separate deadlines. Missing one doesn’t forfeit the other—but missing either costs your family money that was legally yours.

What makes a Michigan car accident a “wrongful death” case?

Under Michigan’s Wrongful Death Act (MCL 600.2922), a fatal crash becomes a wrongful death case when it was caused by another party’s “wrongful act, neglect, or fault.” In plain terms: if your loved one could have sued the at-fault driver for personal injury had they survived, your family can bring a wrongful death lawsuit now.

That covers the obvious scenarios—a drunk driver, a texting driver, a semi-truck driver who fell asleep at the wheel. It also covers less obvious ones: a trucking company that pressured its driver to exceed federal hours-of-service limits, an automaker whose defective airbag failed to deploy, a municipality that left a known hazard on the road. Liability in a fatal crash often extends beyond the individual driver, and identifying every responsible party is one of the most valuable things a lawyer does in these cases.

A wrongful death claim is a civil case—separate from any criminal charges the at-fault driver may face. In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt. In a civil case, we need to prove liability by a preponderance of the evidence—more likely than not. Families sometimes tell us they’re waiting to see what happens in the criminal case before calling a lawyer. Don’t. The civil deadline runs on its own clock, and evidence—vehicle data, witness memories, cell phone records—starts disappearing immediately.

Who has the legal right to file a wrongful death claim in Michigan?

Michigan law requires the claim to be filed by the personal representative of the deceased person’s estate—not directly by family members. The personal representative is usually named in a will. If there’s no will, or the named person can’t serve, the probate court appoints one.

Even though the personal representative files the case, the proceeds don’t go to them personally. Any settlement or verdict is distributed to the statutory beneficiaries listed in MCL 600.2922(3)—the surviving spouse, children, descendants of children, parents, grandparents, siblings, and anyone who would inherit under Michigan’s intestacy laws if there was no will. After a settlement, the personal representative petitions the probate court to approve a distribution plan, and how damages are characterized during negotiations affects how they’re ultimately distributed.

What damages can a Michigan family recover?

Recoverable damages under MCL 600.2922(6) fall into two categories.

Economic damages compensate for financial losses the family suffered or will suffer: reasonable medical expenses incurred before death, funeral and burial costs, and—in most cases the largest category—the loss of the decedent’s future financial support. If your spouse was 42 and earning $85,000 a year, the wages the family lost over the remainder of their working life are recoverable. We work with forensic economists to calculate those losses accurately, accounting for projected raises, benefits, retirement contributions, and household services the person provided.

Non-economic damages compensate for losses that don’t have a receipt. The conscious pain and suffering of the decedent between the moment of the crash and death is recoverable—even if that window is minutes. So is the loss of society, companionship, guidance, and services suffered by surviving family members. In cases involving drunk driving or similarly egregious conduct, exemplary damages for mental anguish may also be available.

How does Michigan no-fault insurance affect a fatal car accident claim?

After a fatal Michigan car crash, two parallel insurance tracks open at once: PIP survivor benefits from the decedent’s own auto insurer (regardless of fault), and a wrongful death tort claim against the at-fault driver. Both have to be managed from day one—and most families don’t know the second one even exists until a lawyer walks them through it.

Under no-fault, your loved one’s own auto insurance pays Personal Injury Protection (PIP) benefits for medical expenses incurred before death and survivor’s loss benefits that replace wages the decedent would have contributed to dependents—for up to three years after death. PIP survivor benefits are paid regardless of who caused the crash. But they come with a strict one-year deadline (MCL 500.3145): the claim must be filed within one year of the accident, or benefits are forfeited. Families grieving the loss of a parent or spouse often don’t think about insurance paperwork for months. By the time they do, the deadline is already closing in.

The 2019 no-fault reform (PA 21 of 2019) added another layer. Drivers can now choose PIP coverage levels ranging from unlimited to opt-out entirely. If your loved one selected a lower PIP tier, the available medical and survivor benefits are capped at that level, and coordination with health insurance or Medicare becomes critical. Separate from PIP, the lawsuit against the at-fault driver seeks pain and suffering, loss of companionship, and other damages not covered by no-fault. The three-year statute of limitations (MCL 600.5805) applies to that tort claim. Two different deadlines, two different claims, both yours to pursue.

What is the deadline to file a Michigan wrongful death lawsuit?

The statute of limitations for a wrongful death claim arising from a car accident is generally three years from the date of the wrongful act—typically the crash itself—under MCL 600.5805. Michigan’s saving provision under MCL 600.5852 may extend filing time when an estate is opened within the original limitations period; the analysis is fact-specific and we work through it at intake.

The one-year PIP deadline runs separately and much faster. And if a governmental entity is potentially responsible—a city that failed to maintain a dangerous intersection, or a state-employed driver—a 120-day notice requirement under MCL 691.1404 applies. Miss that notice, and the claim against the government is gone no matter how much time remains on the general statute of limitations.

Three years sounds like plenty of time. It isn’t. Vehicle event data recorders get overwritten. Surveillance footage from nearby businesses is typically deleted within 30 to 90 days. Cell phone records showing that the at-fault driver was texting at the moment of impact require a preservation letter sent quickly—before the carrier’s retention period expires. We start preservation work the same week we’re retained.

What should a family do after a fatal Michigan car accident?

Grief doesn’t cooperate with checklists. But a few things matter legally, and doing them early prevents problems later.

Do not give a recorded statement to the at-fault driver’s insurance company. You are under no obligation to speak with them, and anything you say—even something sympathetic or uncertain—can be used to reduce the value of the claim. Preserve the vehicle: don’t authorize the tow yard to release it or the insurance company to total it out until an accident reconstruction expert has examined it. Black box data, airbag deployment patterns, and crush damage can all establish how the crash happened and at what speed. Begin the probate process to have a personal representative appointed—the wrongful death claim can’t be filed until there is one. And call a lawyer. Consultations at Neumann Law Group are free, and we work on contingency—no fee unless we recover for your family.

How Neumann Law Group handles fatal Michigan car accident cases

We take cases where our work can materially change the outcome for a grieving family, and we put the full weight of the firm behind them. That means an accident reconstructionist on the scene early, subpoenas to cell carriers and trucking companies before records are purged, forensic economists calculating the full scope of future lost support, and identifying every potentially liable party—the driver, their employer, the bar that overserved them under Michigan’s dram shop act (MCL 436.1801), the trucking company that skirted federal safety regulations, or the vehicle manufacturer whose component failed.

Our attorneys handle fatal crashes of every type, including drunk driving accidents, distracted driving accidents, and head-on collisions—and fatal crashes involving commercial vehicles under our truck accident practice or motorcycle accidents. Every fatal crash case connects to our broader wrongful death practice and the firm’s Michigan personal injury and car accident work.

Frequently asked questions about Michigan fatal car accident claims

Q: How long do I have to file a wrongful death claim after a fatal car accident in Michigan? 

A: A Michigan wrongful death claim arising from a car accident is generally subject to a three-year statute of limitations under MCL 600.5805, running from the date of the wrongful act (typically the crash itself), not the date of death. Michigan’s saving provision under MCL 600.5852 may extend that filing window when an estate is opened within the original limitations period. The no-fault PIP claim has a separate one-year deadline under MCL 500.3145, and a claim against a governmental defendant requires written notice within 120 days.

Q: Who can file a wrongful death lawsuit in Michigan? 

A: Only the personal representative of the decedent’s estate can file, under MCL 600.2922. Any recovery is then distributed to the statutory beneficiaries—typically the surviving spouse, children, parents, and other close relatives—subject to probate court approval.

Q: Can we still recover damages if my loved one was partially at fault? 

A: Yes, in most cases. Michigan follows modified comparative fault under MCL 600.2959. If the decedent was 50% or less at fault, the family can still recover, with damages reduced by that percentage. At more than 50% at fault, non-economic damages are barred, though economic damages may still be recoverable.

Q: What’s the difference between a wrongful death lawsuit and a no-fault PIP claim? 

A: A PIP claim under Michigan’s no-fault system pays medical expenses and survivor’s loss benefits regardless of fault, through the decedent’s own auto insurer. A wrongful death lawsuit is filed against the at-fault driver and seeks pain and suffering, loss of companionship, and other damages beyond what PIP covers. Families typically pursue both.

Q: Do I have to go to court for a Michigan wrongful death case? 

A: Most wrongful death cases settle before trial. But settlements happen at fair value only when the defense knows the family is prepared to try the case. Our attorneys prepare every file as if it will go to a jury, which is why cases settle on terms that reflect the full value of the loss.

Q: How much does it cost to hire a Michigan fatal car accident lawyer? 

A: Neumann Law Group handles these cases on a contingency fee basis. There’s no upfront cost, no hourly billing, and no fee unless we recover compensation for your family. The initial consultation is free.

Talk to a Michigan fatal car accident lawyer today

Losing someone you love in a preventable crash is not something a lawyer can undo. What we can do is make sure your family’s legal rights are protected, the at-fault parties are held accountable, and the compensation your family is entitled to actually reaches you. Call Neumann Law Group at (800) 525-6386 for a free consultation. We meet with families at our offices in Traverse City, Grand Rapids, and Detroit, and we travel throughout the state when needed. There is no fee unless we recover for your family.