A month ago, a family in Berkley lost someone they won’t get back. Under Michigan law, that family has three years from the date of death to file a wrongful death lawsuit — and that clock does not pause while they grieve. If the crash involved a drunk or reckless driver, there may also be civil claims that run on a separate track from any criminal case. Acting early protects options. Waiting can close them permanently.
According to WDIV Local 4, the family of the Berkley crash victim is still mourning one month later. Berkley sits directly on Royal Oak’s northern border, just off Coolidge Highway. These are our neighbors. This post is for them — and for any Michigan family facing the same painful question of what to do next.
If you’re looking for a Michigan wrongful death lawyer who handles Oakland County cases, the sections below explain exactly what the law requires, what damages are available, and why the first few months after a fatal crash matter more than most families realize.
What Michigan’s Wrongful Death Statute Actually Says
Michigan’s wrongful death law is found at MCL 600.2922. It allows a personal representative of the deceased’s estate to bring a civil lawsuit when someone’s death was caused by another person’s wrongful act, neglect, or fault. The Michigan wrongful death statute of limitations gives families three years from the date of death to file — not three years from the crash, and not three years from when criminal charges are filed. The date of death is the start of the clock.
Three years sounds like a long time. It isn’t. Crash reconstruction reports take months to obtain. Insurance companies begin building their defense on day one. Witness memories fade. Surveillance footage gets overwritten. The families who fare best in civil cases are generally the ones who got a lawyer involved early, not the ones who waited to see how the criminal case turned out.
Who Can File the Claim
Only the personal representative of the estate can file a Michigan wrongful death lawsuit — not every family member individually. If the deceased had a will, the personal representative is usually named in it. If there was no will, an Oakland County probate court appoints one. This is a procedural step that takes time, which is another reason not to wait.
The people who can receive damages from the lawsuit include:
- Spouse
- Children and grandchildren
- Parents and grandparents
- Siblings
- Any other person who was financially dependent on the deceased
What Damages Michigan Law Allows
Families sometimes assume a wrongful death claim only covers funeral bills. Michigan law goes much further. Under MCL 600.2922, recoverable damages include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and financial support the family would have received
- Loss of companionship, society, and guidance
- Mental anguish suffered by the survivors
There is no cap on these damages in most Michigan wrongful death cases involving private defendants. A family that loses a parent who earned $65,000 a year and had 20 working years ahead of them is looking at over $1 million in lost economic support alone — before non-economic losses are added.
How a DUI or Reckless Driving Charge Affects the Civil Case
When a crash involves a drunk or reckless driver, the civil and criminal cases run on separate tracks. A criminal conviction under MCL 257.625 (Michigan’s Operating While Intoxicated statute) can be powerful evidence in a civil wrongful death claim — but a family doesn’t have to wait for the criminal case to conclude before filing a civil lawsuit.
In fact, waiting can hurt the civil case. Evidence gathered during the criminal investigation — toxicology reports, police dash cam footage, officer testimony — may be accessible to your civil attorney early in the process. Once a criminal case wraps up and parties move on, that window can close.
According to NHTSA crash data, drunk driving was involved in 37 percent of all U.S. traffic fatalities in 2022. In Michigan, Oakland County sees a disproportionate share of those crashes along its major corridors. When impairment is a factor, civil liability is often clearer — and the damages awarded by juries tend to reflect the seriousness of that choice.
The Wrongful Death Claim Process in Michigan
Here’s what the process generally looks like from the first call to resolution:
- Hire a wrongful death attorney — ideally within the first 30 to 60 days after the death. Your attorney preserves evidence, sends spoliation notices to insurance carriers, and begins building the timeline.
- Open an estate in probate court — the personal representative is formally appointed so the lawsuit can be filed in the right name.
- Investigation and demand — your attorney gathers the crash reconstruction report, medical records, employment history, and witness statements. A demand letter goes to the at-fault driver’s insurer.
- File the lawsuit — if the insurer doesn’t make a fair offer, your attorney files the Michigan wrongful death lawsuit in circuit court. Oakland County cases are filed in the 6th Circuit Court in Pontiac.
- Discovery — both sides exchange evidence, take depositions, and retain experts. This phase typically takes 6 to 12 months.
- Settlement or trial — the large majority of wrongful death cases settle before trial. Those that don’t go before a jury.
For a deeper look at each of these steps, our guide on how to file a wrongful death lawsuit in Michigan walks through the process in plain language.
What the Michigan Wrongful Death Statute of Limitations Means for Berkley Families Right Now
The Berkley crash happened roughly one month ago. That means the family has approximately 35 months left under the Michigan wrongful death statute of limitations — but the practical deadlines are much shorter.
Insurance policies have their own notice requirements. Some require written notice of a potential claim within 30 to 90 days of the incident. Missing those internal deadlines doesn’t necessarily kill a lawsuit, but it gives insurers ammunition to argue prejudice and delay payment.
Physical evidence from the crash scene — skid marks, debris patterns, traffic camera data — is typically gone within weeks. Police retain the official reconstruction report, but independent experts often need access to scene measurements that only exist early on.
This is why wrongful death lawyers in Michigan consistently say the same thing: the statute gives you three years, but the best evidence is available right now.
A Note on Oakland County Probate
Opening an estate in Oakland County Probate Court is not complicated, but it does take time. Depending on caseload, a formal appointment of personal representative can take several weeks. Your attorney can often file a petition on your behalf and handle most of the paperwork, but the process has to start. If you’re the surviving spouse or a close family member, that first step is worth taking as soon as you feel ready.
Why Families in Royal Oak and Berkley Choose Khamo Law
Khamo Law, PLLC handles wrongful death cases throughout Oakland County, including Royal Oak, Berkley, Madison Heights, and the surrounding communities. Founding attorney Koro Khamo leads on auto accident and wrongful death matters. Attorney Samar S. Shadaia handles accident cases and is Arabic-speaking — an important resource for families in the region who want to communicate in their first language about one of the hardest things they’ll ever face.
For families who’ve lost someone and want to understand what a wrongful death claim in Michigan might recover, we offer a free consultation with no pressure to move forward before you’re ready.
You can also read about a similar situation involving a Sterling Heights woman killed in an auto accident to see how these cases typically unfold for Oakland County families.
Frequently Asked Questions
What is the Michigan wrongful death statute of limitations?
Michigan gives a personal representative three years from the date of death to file a wrongful death lawsuit. This deadline comes from MCL 600.5805(2). Missing it almost always results in the case being dismissed, regardless of how strong the underlying facts are.
Does a criminal DUI charge affect my family’s civil wrongful death claim?
Yes, but not in the way most people expect. A criminal conviction is strong evidence in a civil case, but you don’t have to wait for it. Civil and criminal cases proceed independently. In fact, starting the civil case early often means better access to the evidence gathered during the criminal investigation.
Who gets the money in a Michigan wrongful death settlement?
The settlement goes to the estate first, then is distributed among eligible survivors — typically the spouse, children, parents, and siblings of the deceased. The probate court oversees how the money is divided, especially when multiple family members have competing claims. A wrongful death lawyer guides the personal representative through that process.
How long does a wrongful death lawsuit in Michigan take?
Most cases resolve within one to three years from the date of filing. Cases that settle during the demand phase (before a lawsuit is even filed) can resolve faster. Cases that go to trial take longer. The complexity of the crash, the number of defendants, and the insurer’s willingness to negotiate all affect the timeline.
Can I file a wrongful death claim even if my family member had no life insurance?
Yes. A wrongful death lawsuit is completely separate from life insurance. It’s a civil claim against the person or entity responsible for the death. Life insurance pays out under a policy your loved one held. A wrongful death claim seeks compensation from the at-fault party’s insurer — or directly from the at-fault party if they were underinsured.
What if the at-fault driver had minimal car insurance?
Michigan requires drivers to carry liability insurance, but minimum limits ($250,000 per person for bodily injury under current law) may not fully cover a family’s losses in a fatal crash. Your attorney will check whether the at-fault driver carried umbrella coverage, whether multiple defendants share liability, and whether your own uninsured/underinsured motorist coverage applies. There are often more sources of recovery than families initially realize.
If you’ve lost a family member in a crash in Berkley, Royal Oak, or anywhere in Oakland County, talk to us before you sign anything — including any releases the insurance company sends you. Khamo Law, PLLC offers a free consultation with no obligation. Call 248-466-0606 or reach us through the contact form on our website. We serve Royal Oak, Berkley, Sterling Heights, Warren, and the broader Oakland and Macomb County region. نتحدث العربية ونقدم خدماتنا للعائلات الكلدانية والآشورية في منطقة ديترويت الكبرى.