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Wrongful Death Case and Probate

A cause of action for a wrongful death in Michigan is governed by Michigan statutes, specifically MCL 600.2922. This is commonly known as the Wrongful Death Act.

If a lawsuit has not been filed, the statement is administered and approved by the Probate Court.

An estate must be opened by petition obtaining Letters of Authority for a Decedent’s estate, and when necessary, a conservatorship established for a minor if he or she will be claiming a loss as a result of the wrongful death.

To obtain court approval of a settlement, a petition must be filed by the Personal Representative incorporating the requirements of the wrongful death statute.

This includes:

  1. A list of persons who may be entitled to compensation
  2. Alleging medical and burial expenses have been will be paid
  3. Determining if compensation is being made for pain and suffering before the decedent died (this portion will pass to the estate)
  4. Determining whether my compensation is being made for loss of society and companionship
  5. Determining the breakdown of all expenses, distributions, and attorney fees

Wrongful death settlements may be confidential is requested per Michigan court rule. The determination of the confidentiality is at the discretion of the probate judge.

Find out how our attorneys are prepared to assist you during a complimentary consultation. Contact us at 586-754-1450.

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