Wrongful Death Claims

The attorneys at MacArthur, MacArthur & Associates, P.C. assist clients with defending against wrongful death claims and navigating the intricacies of the Michigan Wrongful Death Act. Every wrongful death claim is a serious claim.

Historically, there was no right of action for wrongful death, because personal injury actions were deemed personal rights of action that died with the injured person. However, actions for injuries existing before death and ending in death now survive the deceased person and are merged into actions under the Wrongful Death Act, MCL 600.2921.

Who Can Sue?

Only the personal representative of the decedent’s estate may bring a wrongful death action. However, the suit must include the claims of all persons who suffer a loss and are statutorily entitled to recover damages as a result of the death. These requirements are technical and require extreme care. Our lawyers ensure that these matters are handled timely and properly, so there are no loose ends.

What Damages are Allowed?

The issue of damages for a decedent’s pre-death injuries is similar to the matter of damages in any personal injury tort case. However, the Wrongful Death Act is the sole vehicle for the recovery of damages resulting from death.

Damages recoverable in wrongful death actions are reasonable medical, hospital, funeral, and burial expenses for which the estate is liable, reasonable compensation for the pain and suffering experienced by the conscious deceased person during the period 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.

These potential damages require a special investigation and expertise. Our lawyers have the skill, knowledge, and experience necessary to defend these complex cases.

Contact Us for a Free Consultation

From our offices in Metro-Detroit, Lansing, and Gaylord, our attorneys at MacArthur, MacArthur & Associates defend against wrongful death claims for clients throughout Michigan’s lower and upper peninsulas. If you face a wrongful death claim, we invite you to contact us for a free consultation.