Detroit’s roads claimed 98 lives in 2023 alone, according to Michigan Traffic Crash Facts. If your family is dealing with a loss tied to a crash on the Lodge, a collision on Gratiot, or an accident anywhere in Wayne County, you’re probably not thinking about lawsuits right now. You’re thinking about your family. That’s exactly where this post starts.
This is what Detroit families need to know about wrongful death claims — what they are, how they work in Michigan, and what steps to take before time runs out.
What Is a Wrongful Death Claim in Michigan?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s — or company’s — negligence. It’s separate from any criminal case. A driver can be acquitted in criminal court and still be held financially responsible in civil court.
In Michigan, the wrongful death statute is MCL 600.2922. It allows certain surviving family members to seek compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income the deceased would have earned
- Loss of companionship, society, and guidance
- The deceased person’s pain and suffering before death
The law doesn’t make your family whole again — nothing does. But it does hold the responsible party accountable and provides financial support when a paycheck disappears and grief bills pile up.
Who Can File a Wrongful Death Lawsuit in Detroit?
Michigan law requires a personal representative of the deceased person’s estate to file the claim. That representative then pursues compensation on behalf of surviving family members, which may include:
- Spouses
- Children (including adult children)
- Parents
- Siblings
- Any person who lived in the same household and was financially dependent on the deceased
If the deceased didn’t have a will or an estate plan, the probate court appoints a personal representative. This is one reason it’s worth talking to an attorney early — getting the estate piece right affects your ability to bring the lawsuit.
For a closer look at how this process works from start to finish, read our post on how to file a wrongful death lawsuit in Michigan.
The Deadline You Cannot Miss
Michigan’s statute of limitations for wrongful death is three years from the date of death — not the date of the accident. That’s MCL 600.5805(2). Three years sounds like a long time, but evidence disappears fast. Surveillance footage gets overwritten. Witnesses move. Police reports get buried.
If the at-fault party is a government entity — say, a city bus driver, a police vehicle, or a road maintenance crew — the window to file a notice of intent is even shorter: 120 days in most cases. Missing that notice deadline can end your case before it begins.
We’ve written about the additional complications that arise when pursuing a wrongful death claim against a government entity in Michigan — it’s worth reading if a city, county, or state vehicle was involved.
Common Causes of Wrongful Death in Detroit
Car and Truck Accidents
The majority of wrongful death cases we handle in Detroit involve crashes. High-volume corridors like I-94, the Lodge Freeway, Gratiot Avenue, and Michigan Avenue see serious collisions regularly. Semi-trucks, rideshare vehicles, and distracted drivers are frequent factors.
A rollover crash on the Lodge Freeway near I-94 is the kind of crash that can turn fatal within seconds — and the legal questions that follow are anything but simple.
Commercial Truck Negligence
When a commercial carrier is involved, federal rules under 49 CFR Part 395 govern how long a driver can be behind the wheel. Violations of those hours-of-service rules — and maintenance failures under 49 CFR Part 396 — can establish liability. These cases require pulling the truck’s black box and maintenance logs quickly, before they’re purged.
Pedestrian and Cyclist Fatalities
Detroit has one of the highest pedestrian fatality rates of any major Midwest city. If your family member was struck while walking or biking, the driver’s insurance — and potentially the city’s road design — may be in play.
Police Pursuits and Civil Rights
Some Detroit wrongful death cases involve law enforcement. When a police chase ends in a civilian’s death, or when excessive force causes a fatality, the legal path is different. Attorney Brandon McNeal handles civil rights and police misconduct cases at Khamo Law. These cases involve specific procedural rules and government immunity arguments that require specialized experience.
What Compensation Can Detroit Families Recover?
Every case is different, and the amount depends on facts: age of the deceased, their income, the number of dependents, and how clearly negligence can be proven. That said, the categories of compensation are defined by Michigan law and typically include:
- Economic losses — medical bills, lost wages, loss of future earnings
- Non-economic losses — grief, loss of companionship, emotional suffering of surviving family members
- Funeral and burial expenses
- Punitive damages in rare cases where conduct was egregious
Understanding how settlements are actually structured — and what affects their value — is worth reading about before you sit down with any attorney. Our post on wrongful death lawsuit settlements in Michigan walks through the key variables.
Why the Attorney You Choose in Detroit Matters
Wrongful death cases are not handled well by general practitioners. They require knowledge of Michigan’s no-fault system, probate procedure, insurance coverage stacking, and — in truck cases — federal motor carrier regulations.
Koro Khamo, the firm’s founder, is Chaldean-speaking and has built Khamo Law’s wrongful death practice around families in the Metro Detroit area, including Warren, Sterling Heights, Clinton Township, and the city itself. He knows these roads and he knows these courts.
For families in the Detroit area who want to understand what a wrongful death attorney actually does in these cases, this overview of Koro Khamo’s wrongful death work is a good starting point.
Arabic-speaking and Chaldean families: Samar S. Shadaia also handles auto accident and wrongful death matters and works in Arabic. You don’t have to navigate this in a second language.
Steps to Take After a Wrongful Death in Detroit
- Don’t speak to the at-fault party’s insurance company yet. They will call quickly. They are not on your side. Don’t give a recorded statement.
- Preserve everything. Photos, texts, the deceased’s medical records, police reports — gather what you can and keep it.
- Request a copy of the crash report from the Detroit Police Department or Michigan State Police, depending on jurisdiction.
- Contact an attorney before the estate is settled. Probate decisions can affect who gets what from a wrongful death settlement.
- Act on the 120-day clock if a government vehicle or entity was involved.
For more on what to expect from insurance carriers after a serious crash, our post on dealing with insurance companies after a Detroit car accident covers the tactics adjusters use — and how to respond.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Michigan?
Three years from the date of death under MCL 600.5805(2). If a government entity is involved, you may have as little as 120 days to file a notice of intent — missing that step can bar your claim entirely. Talk to an attorney as soon as possible.
Can I file a wrongful death claim even if there’s a criminal case happening at the same time?
Yes. Civil and criminal cases are separate. A criminal conviction can strengthen your civil case, but you don’t need one to win a wrongful death lawsuit. The burden of proof in civil court is lower — preponderance of the evidence, not beyond a reasonable doubt.
What if my family member was partly at fault for the crash?
Michigan follows a comparative fault rule. If the deceased was partly responsible, your recovery may be reduced proportionally. But partial fault doesn’t eliminate the claim. An attorney can help assess how fault will likely be allocated.
How much does it cost to hire a wrongful death attorney in Detroit?
Khamo Law handles wrongful death cases on a contingency fee basis. You pay nothing upfront and nothing unless there’s a recovery. The fee is a percentage of the settlement or verdict, agreed on before we start.
What is the difference between a wrongful death claim and a survival action in Michigan?
A wrongful death claim is brought by surviving family members for their own losses — grief, lost support, lost companionship. A survival action is brought on behalf of the deceased’s estate for losses the deceased personally suffered before death, like pain, suffering, and medical bills. Both can often be pursued together.
Can I still file if the driver who caused the crash had no insurance?
Yes. Michigan’s uninsured motorist coverage and underinsured motorist coverage can apply. Your own policy may also provide benefits through the no-fault PIP system under MCL 500.3107. An attorney can identify every available coverage source — there’s often more than one.
If you’ve lost someone in a Detroit crash or accident, 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, Wayne County, and families across Metro Detroit. Our team includes Arabic-speaking and Chaldean-speaking attorneys who can handle your case in the language that’s most comfortable for your family.