A mother and her two sons are dead after a traffic crash in Oakland County. The case has been advancing through the courts, and as The Oakland Press reported, the man accused of causing their deaths is now facing a criminal proceeding. For the family left behind, that criminal case is only part of the picture. There is also a civil path — a wrongful death lawsuit — that exists separately from what happens in the criminal court.
If you’ve lost someone this way, you probably have a lot of questions and very little energy to find answers. This post tries to give you a straight account of what Michigan law allows, what the process looks like, and what your family can actually do.
What Happened and Why It Matters
Oakland County sits at the heart of some of Michigan’s busiest roads — M-59, Woodward Avenue, Square Lake Road, Telegraph Road. Crashes happen here every day. Most of them result in property damage or minor injuries. Some of them kill people.
When a crash kills multiple members of the same family, the grief is layered in ways that are hard to describe. Losing a mother and two children at once doesn’t just destroy a household — it changes everyone connected to that family. And yet Michigan law does give the surviving family members real legal standing to seek accountability and financial recovery. That process starts with understanding the difference between criminal charges and a civil wrongful death claim.
Criminal Case vs. Civil Lawsuit: Two Separate Tracks
The criminal case against a driver who caused a fatal crash is brought by the state of Michigan — the prosecutor’s office, not the family. The family has no control over whether charges are filed, what charges are brought, or how the case is prosecuted. The goal of the criminal case is punishment: jail time, fines, a criminal record.
A civil wrongful death lawsuit is different. The family brings it. The goal isn’t punishment — it’s compensation for what was lost. The two cases can run at the same time. A conviction in the criminal case can help the civil case, but it isn’t required. Even if the driver is acquitted criminally, a civil case can still succeed, because the standard of proof is lower.
Under Michigan’s wrongful death statute, MCL 600.2922, certain family members — a spouse, children, parents, and in some cases siblings or other dependents — have the right to file a civil lawsuit when someone is killed by another person’s negligence or wrongful act.
Who Can File a Wrongful Death Claim in Michigan
The lawsuit is filed by the personal representative of the deceased person’s estate. That person acts on behalf of all the beneficiaries — the people who were financially or emotionally dependent on the person who died.
In a case like this one, where both a mother and her children were killed, the situation becomes more complex. Each person who died may have their own estate and their own set of potential beneficiaries. If the mother had a surviving spouse, parents, or other children, they may have standing. The children’s father, if living, may have standing for the loss of his sons.
An attorney working on a case like this has to think through each potential claim carefully. Learning how wrongful death settlements work in Michigan is a good place to start understanding what compensation actually looks like.
What Damages Can the Family Recover
Michigan law allows the family to recover compensation for several categories of loss:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and financial support the deceased would have provided
- Loss of companionship, society, and guidance — what the law calls non-economic damages
- Conscious pain and suffering the deceased experienced before dying, if applicable
For children who lose a parent, the loss of parental guidance over the course of a lifetime is a recognized category of damages. Courts and juries in Michigan take these losses seriously.
The three-year statute of limitations under MCL 600.5805(2) means the family has three years from the date of death to file a civil lawsuit. That window sounds long, but evidence disappears, witnesses’ memories fade, and insurance companies have teams working from day one. Waiting is almost never in the family’s interest. You can read more about how Michigan’s filing deadlines work for injury and death claims before that clock runs out.
What Evidence Matters in These Cases
Building a strong wrongful death case requires gathering evidence quickly. In an Oakland County traffic crash, that typically includes:
- The police crash report and any supplemental investigative reports
- Witness statements taken at or near the scene
- Surveillance or traffic camera footage — Oakland County intersections often have cameras
- The driver’s phone records, if distracted driving is suspected
- Toxicology reports, if impairment was a factor
- The vehicle’s event data recorder (the “black box”)
- Expert accident reconstruction analysis
Some of this evidence is preserved automatically. Some of it isn’t. A formal legal hold letter sent early in the process can prevent critical records from being deleted or overwritten.
If the at-fault driver was operating a commercial vehicle, federal rules under 49 CFR Part 396 require that inspection and maintenance records be kept — records that can reveal a pattern of unsafe operation.
When the Driver Is Charged Criminally
A pending criminal case doesn’t put the civil lawsuit on hold. In fact, statements made by the defendant in criminal proceedings, along with any evidence introduced at a preliminary examination or trial, can be useful in the civil case.
Families sometimes assume they should wait and see what happens in criminal court before doing anything. That instinct is understandable, but it can cost them. The civil case has its own timeline and its own evidence-gathering needs. Understanding how long car accident cases take in Michigan can help families set realistic expectations for both tracks.
What to Do Right Now
If you lost a family member in a Michigan traffic crash caused by another driver, here are the steps that matter most:
- Don’t give recorded statements to any insurance company — not the at-fault driver’s insurer, and not your own — before speaking with an attorney.
- Preserve everything you have: photos, communications, any paperwork from the hospital or police.
- Document your losses: keep records of funeral expenses, any income the deceased provided, and the ways your life has changed.
- Contact an attorney as early as possible so evidence can be preserved and the investigation can begin.
Families dealing with crashes on Oakland County roads — including crashes along the M-59 corridor near Oakland County — have gone through this same process. You don’t have to figure it out alone.
For families considering a claim against a government entity — say, if a road defect contributed to the crash — there are additional notice requirements that apply. Filing a wrongful death claim against a government entity in Michigan has a different set of rules and shorter deadlines.
Frequently Asked Questions
Can the family sue even if the driver is also facing criminal charges?
Yes. A civil wrongful death lawsuit is completely separate from any criminal prosecution. You don’t need to wait for the criminal case to conclude, and a not-guilty verdict in criminal court doesn’t bar a civil claim. The burden of proof in a civil case — “more likely than not” — is lower than the criminal standard of “beyond a reasonable doubt.”
What if the driver didn’t have enough insurance to cover our losses?
This is one of the most common problems families face. If the at-fault driver was underinsured or uninsured, your family’s own auto policy may have uninsured/underinsured motorist coverage that applies. An attorney can also investigate whether other parties share liability — a vehicle owner who lent the car, an employer if the driver was working, or a third party whose negligence contributed to the crash.
Who actually files the lawsuit — every family member separately?
No. Under Michigan’s wrongful death statute, the personal representative of the deceased person’s estate files one lawsuit on behalf of all the beneficiaries. If there are multiple people who died, there may be multiple estates and multiple lawsuits, but the process is coordinated rather than every individual filing separately.
How long does a wrongful death case in Michigan typically take?
It varies. A case that settles before trial can resolve in one to two years. Cases that go to trial can take longer. The timeline depends on the complexity of the facts, how many defendants are involved, and how aggressively the insurance companies contest the claim. Your attorney can give you a more specific estimate once the facts of your case are known.
Does a guilty plea or conviction in criminal court help the civil case?
Generally, yes. A guilty plea or conviction establishes that the driver acted wrongfully. That finding can be used as evidence in the civil case and often pushes insurers toward settlement. It isn’t required to win the civil case, but it helps.
What if my family member also had a pre-existing medical condition — does that reduce what we can recover?
Not necessarily. Michigan law doesn’t reduce compensation simply because the person who died had a health condition. What matters is the harm caused by the crash. How a pre-existing condition affects a Michigan personal injury claim involves a more detailed analysis, but a prior condition doesn’t disqualify a claim.
If you lost a family member in a Michigan traffic crash, talk to us before you sign anything or give any statements. Khamo Law, PLLC offers a free consultation — call 248-988-9618 or message us through the contact form. We serve families across Oakland County and all of Michigan. Koro Khamo handles wrongful death matters personally and speaks Chaldean — كيف نقدر نساعدكم.