When a loved one dies in a crash that didn’t have to happen, Michigan law gives the family a path to hold the responsible party accountable. A wrongful death car accident in Michigan allows the personal representative of the estate to file a claim for damages — including lost financial support, loss of companionship, and funeral costs — against a driver whose negligence or impairment caused the death. The deadline to file is three years from the date of death under MCL 600.5805(2).
This past Halloween, five people died in crashes across metro Detroit that police are calling avoidable. As reported by the Detroit Free Press, law enforcement responded to multiple fatal scenes across the region on a single night. If your family is among those affected, you’re probably not thinking about lawsuits right now. That’s understandable. But the steps taken in the first few days after a fatal crash matter more than most people realize — and knowing your rights costs you nothing.
Our Michigan wrongful death attorneys handle exactly these situations, and our Detroit wrongful death lawyer team is available now.
What Makes a Fatal Crash a Wrongful Death Case
Not every accident that results in death becomes a wrongful death case — but many do. In Michigan, wrongful death claims rest on one question: did someone else’s negligence, recklessness, or intentional conduct cause the death?
For Halloween-night crashes, the common factors include:
- Drunk or drug-impaired driving — Michigan’s operating-while-intoxicated statute, MCL 257.625, makes it illegal to drive with a blood alcohol content of 0.08 or higher, or while impaired by any controlled substance. A driver charged under this statute faces both criminal consequences and civil liability to the victim’s family.
- Excessive speed — Police cited speed as a factor in several of the Halloween crashes. Speed dramatically reduces reaction time and multiplies the force of impact.
- Running red lights or stop signs — Nighttime holiday traffic and poor judgment often combine at intersections across Macomb and Wayne counties.
- Driver distraction — A phone in someone’s hand at the wrong moment can be the difference between a near-miss and a fatality.
When any of these factors are confirmed — by a police report, toxicology results, or witness statements — the family of the person killed has a strong foundation for a wrongful death car accident claim in Michigan.
Who Can File — and What the Claim Covers
Michigan’s Wrongful Death Act (MCL 600.2922) designates the personal representative of the deceased’s estate as the person who files the lawsuit. In most cases, that’s a spouse, adult child, or parent. The proceeds then flow to the family members the court determines were harmed by the loss.
The claim can include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and financial support the deceased would have provided
- Loss of companionship, guidance, and society
- The deceased’s pain and suffering between the crash and death, if they survived for any period
According to NHTSA crash data, approximately 37% of all traffic fatalities in the United States involve alcohol-impaired drivers. On Halloween specifically, that number climbs — the holiday consistently ranks among the most dangerous nights on American roads. When impairment is confirmed, it strengthens a wrongful death claim considerably.
DUI Deaths: How Criminal Charges Affect Your Civil Case
If the driver who caused the crash was arrested for drunk driving — or is later charged — that criminal case runs separately from any civil wrongful death claim your family can bring. The two tracks are independent.
Here’s why that matters:
- A criminal conviction, or even a guilty plea, can be used as evidence in the civil case.
- The standard of proof in a civil case is lower than in a criminal case. A family can win a wrongful death claim even if the driver is acquitted criminally.
- Criminal proceedings move slowly. Waiting for a conviction before consulting a civil attorney can cost a family critical evidence — surveillance footage, toxicology reports, and witness memories all degrade over time.
If you learn that a driver was arrested at the scene, contact a wrongful death attorney in Detroit as soon as you’re ready. The civil clock runs on its own schedule, separate from whatever happens in the criminal courtroom.
What to Do in the Days After a Fatal Crash
This is not a time when most people are thinking clearly. Grief doesn’t work on a schedule. But a few specific steps, taken early, protect your family’s ability to pursue justice later.
- Get the police report number. The responding agency — Detroit PD, Michigan State Police, county sheriff — will have a report number. Write it down or ask a family member to hold onto it.
- Preserve everything you already have. Text messages, social media posts by the other driver, photos from the scene if anyone has them. Don’t delete anything.
- Don’t give recorded statements to insurance companies yet. The at-fault driver’s insurer may contact you quickly. You don’t have to speak with them, and doing so before you have an attorney often works against you.
- Request the toxicology results. If the driver was suspected of impairment, a blood draw was almost certainly taken at the scene or hospital. Your attorney can obtain these records.
- Talk to an attorney before signing anything. Insurance companies sometimes offer early settlements to families in shock. Those offers are almost always far below what a family is owed.
The Three-Year Deadline — and Why Sooner Still Matters
Michigan gives families three years from the date of death to file a wrongful death lawsuit, per MCL 600.5805(2). Three years sounds like a long time. It isn’t, for several practical reasons.
Surveillance video from gas stations, traffic cameras, and dashcams is typically overwritten within 30 to 90 days unless someone sends a legal preservation letter. Witnesses move, forget, or become harder to locate. Skid mark measurements and road condition documentation require prompt inspection.
The wrongful death car accident cases in Michigan that settle for the most — or that win at trial — are almost always the ones where an attorney got involved early enough to lock in the evidence. Waiting a year to make a call is a choice that narrows your options.
For families dealing with a crash involving a government vehicle or road defect, the deadline can be even shorter. A claim against a municipality in Michigan may require a notice of intent filed within 60 days. Read more about filing a wrongful death claim against a government entity in Michigan if that applies to your situation.
How Michigan No-Fault Law Interacts With a Wrongful Death Claim
Michigan’s no-fault system adds a layer of complexity that trips up families who try to handle things alone. Under MCL 500.3107, the deceased’s own auto insurance — or a family member’s policy — covers certain expenses like medical bills incurred before death and replacement services. Those are PIP benefits, and they come from your own policy.
The wrongful death lawsuit, by contrast, goes after the at-fault driver and their insurer. To recover non-economic damages — pain and suffering, loss of companionship — from the other driver, the death itself generally satisfies the serious-injury threshold under MCL 500.3135.
Both claims can run at the same time. Understanding which insurer owes what, and making sure you don’t accidentally waive one benefit while pursuing another, is exactly why families who have an attorney recover more than those who don’t. For more on how these settlements work, see our breakdown of wrongful death lawsuit settlements in Michigan.
Frequently Asked Questions
Can I file a wrongful death lawsuit if the driver hasn’t been charged with a crime yet?
Yes. A wrongful death civil lawsuit doesn’t require criminal charges or a conviction. The civil case uses a lower standard of proof — a preponderance of the evidence, meaning it’s more likely than not that the driver’s negligence caused the death. Families often file civil claims while criminal proceedings are still ongoing.
What if my loved one was a pedestrian or cyclist killed by a car?
Pedestrians and cyclists killed by a motor vehicle are covered under Michigan’s wrongful death statute the same as vehicle occupants. The at-fault driver’s liability coverage is the primary source of compensation. If the driver had no insurance, Michigan’s assigned claims plan may provide some coverage.
The other driver had minimum insurance coverage. Does that limit what we can recover?
Minimum coverage limits what you can collect directly from that driver’s insurer. But your attorney will also look at other potential sources: your own uninsured/underinsured motorist coverage, any third parties who may share liability (a bar that over-served the driver, for example), and the driver’s personal assets. A full investigation often reveals options families didn’t know existed.
How long does a wrongful death case in Michigan typically take?
It varies. Cases that settle before litigation can resolve in six to eighteen months. Cases that go to trial take longer — sometimes two to three years. The strength of the evidence, the cooperation of the insurance company, and the complexity of the damages all affect the timeline. What doesn’t change is that starting early consistently leads to better outcomes.
What does it cost to hire a wrongful death attorney?
Khamo Law, PLLC handles wrongful death cases on contingency. That means no upfront fees. The firm is paid a percentage of the recovery — if there’s no recovery, there’s no fee. The initial consultation is free.
My family speaks Arabic. Can we work with an attorney who understands us?
Yes. Samar S. Shadaia, an attorney at Khamo Law, PLLC, is Arabic-speaking and works directly with Arabic-speaking families on auto accident and wrongful death matters. You don’t need to navigate this process through a translator or feel like something is being lost.
If you lost someone in one of the Halloween crashes or in any wrongful death car accident in Michigan, talk to us before you sign anything or speak to an insurance adjuster. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or message us through the contact form. We serve Detroit, Sterling Heights, Warren, Troy, and communities across southeast Michigan. نحن نتحدث العربية ونخدم العائلات الكلدانية والآشورية في المنطقة.