MCL § 600.2922 – Wrongful Death Act
Table of Contents
Code Details
Chapter 600
Act 236 of 1961
236-1961-29
Exact Statute Text
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Sec. 2922.(1) Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony.
(2) Every action under this section shall be brought by, and in the name of, the personal representative of the estate of the deceased. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in subsection (4) upon the person or persons who may be entitled to damages under subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.
(3) Subject to sections 2802 to 2805 of the estates and protected individuals code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this section shall be limited to any of the following who suffer damages and survive the deceased:
(a) The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased.
(b) The children of the deceased’s spouse.
(c) Those persons who are devisees under the will of the deceased, except those whose relationship with the decedent violated Michigan law, including beneficiaries of a trust under the will, those persons who are designated in the will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased if there is a devise to that trust in the will of the deceased.
(4) The notice required in subsection (2) shall contain the following:
(a) The name and address of the personal representative and the personal representative’s attorney.
(b) A statement that the attorney for the personal representative shall be advised within 60 days after the mailing of the notice of any material fact that may constitute evidence of any claim for damages and that failure to do so may adversely affect his or her recovery of damages and could bar his or her right to any claim at a hearing to distribute proceeds.
(c) A statement that he or she will be notified of a hearing to determine the distribution of the proceeds after the adjudication or settlement of the claim for damages.
(d) A statement that to recover damages under this section the person who may be entitled to damages must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6) and that failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.
(5) If, for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative asking leave of the court to settle the claim, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.
(6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased. The proceeds of a settlement or judgment in an action for damages for wrongful death shall be distributed as follows:
(a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon the filing of the motion, the court shall order a hearing.
(b) Unless waived, notice of the hearing shall be served upon all persons who may be entitled to damages under subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.
(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall be first appointed, and the notice provided in subdivision (b) shall be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.
(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.
(e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered in accordance with the stipulation or agreement.
(7) A person who may be entitled to damages under this section must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6). The failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.
(8) A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person’s right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in this subsection.
(9) If a claim under this section is to be settled and a civil action for wrongful death is not pending under this section, the procedures prescribed in section 3924 of the estates and protected individuals code, 1998 PA 386, MCL 700.3924, shall be applicable to the distribution of the proceeds.
MCL § 600.2922 Summary
This Michigan statute outlines the legal framework for wrongful death claims, establishing liability when a person’s death is caused by another’s wrongful act, neglect, or fault. It specifies that a lawsuit must be brought by the personal representative of the deceased’s estate. The statute also details who is eligible to receive damages, including the deceased’s immediate family, other relatives, and even certain devisees or beneficiaries under a will or trust. It mandates specific notice requirements for potential beneficiaries and sets forth the types of damages that can be awarded, such as medical and funeral expenses, pain and suffering of the deceased, and loss of financial support and companionship. Furthermore, it provides a detailed process for court approval of settlements and the distribution of judgment or settlement proceeds, ensuring proper allocation to eligible claimants, especially when minors or incapacitated individuals are involved.
Purpose of MCL § 600.2922
The Michigan Wrongful Death Act serves several critical legislative purposes, primarily to provide a legal remedy for the survivors of individuals whose deaths are caused by the negligence or intentional actions of another party. Before such statutes, the death of an injured person often extinguished any right to legal action, leaving families without recourse for their profound losses. This statute addresses that injustice by allowing families to seek compensation for both economic and non-economic damages, thereby holding responsible parties accountable. It aims to ensure that the financial and emotional burdens imposed by a wrongful death are not solely borne by the grieving family but are instead, at least partially, alleviated through legal means. By outlining specific beneficiaries and damage types, the Act also provides clarity and structure for courts and parties involved in these sensitive cases.
Real-World Example of MCL § 600.2922
Consider a scenario where a pedestrian, Sarah, is struck and killed by a distracted driver, Mark, who was texting while driving. Sarah’s death was directly caused by Mark’s negligent act. Under MCL § 600.2922, Sarah’s family would be entitled to pursue a wrongful death claim.
First, a personal representative for Sarah’s estate (often a spouse, parent, or adult child) would be appointed. This personal representative would then file a lawsuit against Mark on behalf of the estate. Within 30 days of filing, the personal representative would notify Sarah’s spouse, children, and parents (as potential beneficiaries under subsection (3)) about the lawsuit.
During the litigation, the family would seek damages for various losses:
- Medical and Funeral Expenses: Costs incurred for Sarah’s emergency care and burial.
- Pain and Suffering: Compensation for the conscious pain and suffering Sarah experienced in the moments between the impact and her death.
- Loss of Financial Support: If Sarah was a wage earner, her spouse and children would claim the financial support she would have provided.
- Loss of Society and Companionship: The profound emotional loss experienced by her spouse, children, and parents due to the absence of her love, guidance, and companionship.
If the case goes to trial, a jury would determine a fair and equitable award. If a settlement is reached, the court must approve it, and subsequently, a hearing would be held to determine how the awarded damages are distributed among Sarah’s eligible family members, taking into account their individual losses, in accordance with subsection (6).
Related Statutes
Several Michigan statutes are closely related to or commonly referenced alongside MCL § 600.2922, providing context for the administration of estates, the rights of beneficiaries, and other legal processes:
- MCL §§ 700.2802 to 700.2805 (Estates and Protected Individuals Code – EPIC): These sections are referenced in subsection (3) of the Wrongful Death Act. They deal with the effect of homicide or abuse on inheritable property, ensuring that individuals who wrongfully cause a death cannot benefit from the deceased’s estate or wrongful death proceeds. This prevents a wrongdoer from profiting from their actions.
- MCL § 700.3924 (Estates and Protected Individuals Code – EPIC): Referenced in subsection (9), this statute details the procedures for the distribution of wrongful death proceeds when a civil action is not pending. It outlines the court’s role in approving settlements and distributions, particularly in probate court, ensuring that all interested parties receive proper notice and the distribution is fair and equitable.
- MCL § 600.2922a (Death of unlivable or viable fetus by wrongful act, neglect, or fault of another; action by personal representative; limitation; notice; approval or rejection of proposed settlement; award and distribution of damages): While not directly linked by text, this statute extends similar wrongful death provisions to include the death of an unlivable or viable fetus caused by wrongful acts, which is a related and often intertwined area of law.
Case Law Interpreting MCL § 600.2922
Michigan courts have frequently interpreted MCL § 600.2922 to clarify its application, particularly regarding eligible beneficiaries and the distribution of damages. One such case is *Adkins v. Mid-American Cas. Co.*, 331 Mich.App. 471 (2020), which examined the notice requirements and the distribution of wrongful death proceeds among various claimants. The Court of Appeals affirmed that the determination of damages in a wrongful death action and the subsequent distribution of those damages are distinct, two-step processes. It underscored the importance of timely claims and participation by potential beneficiaries as outlined in the statute to ensure their rights to the proceeds are preserved. The ruling clarified that damages should be distributed based on the relative damages sustained by each beneficiary, rather than an equal division. For more details on this case, you can review the Google Scholar search results for “Adkins v. Mid-American Cas. Co. 331 Mich.App. 471”.
Why MCL § 600.2922 Matters in Personal Injury Litigation
The Wrongful Death Act is absolutely fundamental to Michigan personal injury litigation. For plaintiffs, it provides the essential legal foundation to seek justice and compensation when a loved one dies due to another party’s negligence or misconduct. It transforms a personal tragedy into a legally actionable claim, allowing families to recover damages that go beyond simple economic loss, encompassing the profound emotional and relational losses of society and companionship. Understanding this statute is crucial for attorneys representing plaintiffs, as it dictates who can sue (the personal representative), who can receive damages (eligible beneficiaries), what types of damages are recoverable, and the procedural steps for settlement approval and distribution.
For defense attorneys and their clients, the statute defines the scope of potential liability. It clarifies the types of damages that may be sought, which can significantly impact case valuation and settlement negotiations. Both sides must navigate the intricate notice requirements for beneficiaries, the process for court approval of settlements, and the final distribution of proceeds, especially in cases involving minors or incapacitated individuals. Without this statute, a significant portion of personal injury claims involving fatalities would not exist, making MCL § 600.2922 the bedrock for addressing the devastating consequences of wrongful deaths in Michigan’s legal system.