Losing someone you love in a preventable crash leaves a family facing decisions no one expects to make. While you are grieving, insurance companies may already be investigating fault, reviewing coverage, and deciding what they believe the claim is worth. You should not have to meet that process alone.
Our Southfield wrongful death attorneys handle fatal car, truck, motorcycle, and pedestrian crash claims for families throughout Metro Detroit. We investigate what caused the collision, identify every source of insurance, and guide the estate and family through Michigan's wrongful death process. Kajy Law Firm focuses entirely on motor vehicle accidents. Call 248-702-6641 for a free consultation, 24/7.
Table of contents
- What Is a Wrongful Death Claim After a Michigan Motor Vehicle Crash?
- Who Can Bring a Wrongful Death Case in Michigan?
- What Compensation Can a Family Recover?
- Michigan No-Fault Benefits May Be Separate From the Wrongful Death Claim
- The Personal Representative Has Important Legal Responsibilities
- How Long Do You Have to File a Michigan Wrongful Death Claim?
- Fatal Car, Truck, Motorcycle, and Pedestrian Crashes
- Southfield Evidence Can Be Lost Quickly After a Fatal Crash
- What If the Insurance Company Blames the Person Who Died?
- Results and Experience in Michigan Motor Vehicle Cases
- Why Families Choose Kajy Law Firm After a Fatal Crash
- Frequently Asked Questions About Southfield Wrongful Death Claims
- Talk With a Southfield Wrongful Death Attorney About Your Family's Next Steps
What Is a Wrongful Death Claim After a Michigan Motor Vehicle Crash?
A wrongful death claim may arise when another person's negligence or wrongful conduct causes a death. In a motor vehicle case, that can include a driver who was speeding, distracted, intoxicated, following too closely, or violating another traffic rule.
Michigan's Wrongful Death Act, MCL 600.2922, requires the lawsuit to be brought by the personal representative of the deceased person's estate. The recovery, however, may compensate qualifying family members and others identified by the statute.
A wrongful death case is not simply an injury claim with a larger damage figure. The estate must be opened, a personal representative must act for the estate, interested people must receive notice, and the court has a role in approving and distributing a settlement. These steps are important when calculating wrongful death settlements and determining how the recovery is handled.
Who Can Bring a Wrongful Death Case in Michigan?
The personal representative of the estate files the wrongful death lawsuit. That person may be named in a will or appointed through the probate process.
Family members do not usually file separate wrongful death lawsuits in their own names. Instead, the personal representative pursues the case and gives notice to people who may be entitled to share in the recovery.
Michigan law may allow recovery for the deceased person's spouse, children, descendants, parents, grandparents, siblings, and certain people who would inherit under Michigan intestacy law. The exact group depends on the family structure.
Our lawyers coordinate the injury case with the estate process so the right person is authorized to act and the claim does not stall over a procedural problem.
What Compensation Can a Family Recover?
Michigan's wrongful death law allows recovery for losses caused by the death. Depending on the facts, those damages may include:
- Medical, hospital, funeral, and burial expenses related to the fatal injuries
- The deceased person's conscious pain and suffering before death
- Loss of financial support
- Loss of the deceased person's society and companionship
- Other damages the evidence and Michigan law allow
A Michigan wrongful death car accident claim can involve losses that continue for years after the collision. A young child may lose financial support and parental guidance, while a surviving spouse may lose income, household contributions, companionship, and plans that depended on a shared future. Gathering proof after a Michigan collision can help document these losses and support the value of a car accident settlement in Michigan.
A strong claim has to show more than the existence of these losses. We gather wage and employment records, tax information, household financial records, medical evidence, family testimony, and other proof that shows what the person contributed and what the family has lost.
That work can be especially important when an insurer tries to reduce a family's loss to a formula that does not reflect the person's actual role in the household.
Michigan No-Fault Benefits May Be Separate From the Wrongful Death Claim
A fatal motor vehicle crash can create two separate paths to compensation. Michigan no-fault law may provide survivor's loss benefits to qualifying dependents under MCL 500.3108. PIP may also cover funeral and burial expenses within the amount stated in the policy under MCL 500.3107. A wrongful death claim pursues damages from the legally responsible person or company.
Those claims have different rules, insurers, and deadlines. Our Southfield wrongful death lawyer team identifies which benefits may be available and keeps the no-fault claim separate from the liability case.
| Claim path | Who pays | What it may cover |
| No-fault benefits | The applicable PIP insurer | Survivor's loss for qualifying dependents and policy-limited funeral or burial expenses |
| Wrongful death claim | The at-fault driver or other legally responsible party | Financial support, loss of society and companionship, conscious pain and suffering, and other damages allowed by law |
The Personal Representative Has Important Legal Responsibilities
Michigan law puts the wrongful death lawsuit in the hands of the estate's personal representative. That role includes several steps that affect both the case and any eventual distribution:
- Bring the wrongful death action in the personal representative's name on behalf of the estate.
- Within 30 days after filing, serve the complaint and required notice on people who may be entitled to damages.
- Collect and present the losses claimed by eligible family members and the estate.
- Ask the court to approve a proposed settlement and distribution when required.
Our lawyers guide the personal representative through these requirements so a procedural mistake does not delay the family's claim.
How Long Do You Have to File a Michigan Wrongful Death Claim?
Michigan generally applies a three-year limitations period to actions seeking damages for the death of a person under MCL 600.5805. The exact deadline can be affected by the circumstances, including when a personal representative is appointed and Michigan's personal-representative saving provision in MCL 600.5852.
Families should not assume they have three full years to wait. Evidence can disappear much sooner, and estate-related steps may need to happen before a lawsuit can be filed properly.
We can determine which deadline applies, begin the estate process when needed, and preserve the crash evidence while it is still available.When a family contacts us early, we can also:
- Coordinate the personal representative appointment with the wrongful death claim.
- Send preservation demands for video, vehicle data, and other evidence that may disappear.
- Identify liability, no-fault, uninsured, underinsured, and commercial insurance that may apply.
- Take over insurer communications while the family focuses on immediate personal and estate responsibilities.
Those steps can protect the claim before an insurer's early decisions or missing evidence narrow the family's options.
Fatal Car, Truck, Motorcycle, and Pedestrian Crashes
Fatal motor vehicle cases can involve very different evidence and insurance depending on the vehicle involved. The table below shows where the investigation often changes.
| Crash type | Evidence often important | Potential insurance or liability issue |
| Car | Video, vehicle data, witness statements, crash-scene evidence | Driver liability, uninsured or underinsured coverage, possible employer liability |
| Commercial truck | Driver logs, electronic data, dispatch and maintenance records | Driver, motor carrier, vehicle owner, maintenance or cargo company |
| Motorcycle or pedestrian | Video, sight lines, turning movements, right of way, witness accounts | Driver liability plus vehicle-specific no-fault coverage questions |
For car cases, fatal crashes begin as the same claim we investigate for serious collisions, but the damages and estate process change after a death. In truck cases, truck collisions are disproportionately fatal and may add motor-carrier records, multiple companies, and commercial insurance.
Southfield Evidence Can Be Lost Quickly After a Fatal Crash
The crash location can determine which records, cameras, and witnesses are available. In a Southfield fatal-crash investigation, we may seek:
- Southfield Police or Michigan State Police reports, scene photographs, and available body-camera or dash-camera footage.
- Traffic-camera or nearby business video from corridors such as Telegraph Road, Northwestern Highway, Greenfield Road, Evergreen Road, I-696, M-10, or M-39/Southfield Freeway.
- Witness statements and contact information gathered at or near the scene.
- Vehicle inspections and electronic data that may show speed, braking, or other pre-crash activity.
- Emergency and treatment records from Henry Ford Providence Southfield Hospital or other providers.
Our lawyers identify which of these sources actually exists, then move quickly to preserve the evidence before it is lost or overwritten.
What If the Insurance Company Blames the Person Who Died?
Michigan's comparative fault rules can reduce damages if the deceased person shared responsibility for the crash. This is why comparative negligence law affects your settlement, especially when an insurer may argue that a driver was speeding, a motorcyclist was hard to see, or a pedestrian entered the roadway unexpectedly.
The person who died cannot explain what happened. That makes independent evidence especially important.
We use video, physical damage, electronic data, roadway measurements, witness statements, and crash reconstruction when needed to test the insurer's allegations. If you need a wrongful death attorney in Southfield, our lawyers can protect the value of the claim by keeping unsupported blame from replacing evidence.
Results and Experience in Michigan Motor Vehicle Cases
Kajy Law Firm has handled more than 5,000 cases and recovered more than $100 million for clients. Motor vehicle accidents are all we do.
Our recoveries in Michigan fatal-crash claims show the kinds of serious motor vehicle cases our team has handled. Past results do not guarantee what another family will recover, but they can help show whether a firm has experience developing high-value accident claims.
We also understand that a wrongful death case is not only about evidence and money. Families need clear communication, honest answers, and a legal team that treats the person they lost as more than a case file.
Why Families Choose Kajy Law Firm After a Fatal Crash
Families choose Kajy Law Firm because motor vehicle cases are our entire practice and we combine substantial case experience with direct client support.
- Car, truck, and motorcycle accident cases are all we do.
- 5,000+ cases handled and $100M+ recovered for clients.
- 150+ years of combined experience.
- Free consultations and 24/7 availability.
- No fee unless we win your case.
- A Southfield office, regular communication, and home or hospital meetings when travel is difficult.
We keep you informed about the estate, insurance, and litigation steps so you know what is happening and what comes next.
Frequently Asked Questions About Southfield Wrongful Death Claims
How is a wrongful death settlement divided in Michigan?
The personal representative does not simply choose how to divide the settlement. Michigan law requires notice to people who may be entitled to damages, and the court approves the distribution. The amount each person receives depends on the losses recognized by law and the evidence supporting them.
Can more than one family member receive compensation?
Yes. A wrongful death recovery may be shared among multiple qualifying people. Spouses, children, parents, and other relatives identified by Michigan law may have compensable losses. We help document each person's relationship and losses so the court has a clear record when distribution is considered.
What if the at-fault driver did not have enough insurance?
Other coverage may become important, including uninsured or underinsured motorist coverage when it applies. A commercial-vehicle case may also involve policies held by companies connected to the vehicle or driver. We investigate the full insurance picture rather than stopping at the first policy we find.
Does a criminal case replace the wrongful death claim?
No. A criminal prosecution and a civil wrongful death claim serve different purposes. Prosecutors decide whether to bring criminal charges. The estate's civil case seeks compensation from the people or companies legally responsible for the death.
How much does a Southfield wrongful death lawyer cost?
Kajy Law Firm handles accepted motor vehicle wrongful death cases on a contingency fee basis. Your consultation is free, and there is no attorney fee unless we obtain a recovery for you. We explain the fee agreement and case costs before you hire us.
Talk With a Southfield Wrongful Death Attorney About Your Family's Next Steps
No legal case can undo the loss of someone you love. It can, however, require the responsible parties to answer for the harm they caused and help protect the financial future of the people left behind.
A Southfield wrongful death lawyer at Kajy Law Firm can handle the crash investigation, insurance claims, estate-related requirements, and wrongful death case while keeping your family informed throughout the process.
Call 248-702-6641 for a free consultation. We are available 24/7, and you pay us nothing unless we win your case.