Statute of Limitations in Wrongful Death Cases: Don't Miss Your Chance for Justice

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Losing a loved one can be a devastating experience. But that tragedy is made even worse when your loved one’s death was caused by someone else’s negligence or wrongful acts. If you want to pursue justice by filing a wrongful death lawsuit, it is essential that you understand the wrongful death statute of limitations.

What Is the Michigan Wrongful Death Statute of Limitations?

The statute of limitations is the law that sets the amount of time you have to file a claim in court. The specific statute of limitations period varies from state to state and based on the nature of the claim you are bringing.

Because Michigan’s wrongful death law does not specify a statute of limitations, the period for filing a Michigan wrongful death lawsuit is set by the underlying claims. In most cases, the Michigan wrongful death statute of limitations is three years from the date of the negligence that causes death. If you wish to file a claim for wrongful death, you must file your lawsuit within this timeframe. Otherwise, your case could be dismissed as being time-barred.

However, claims for wrongful death are often accompanied by other claims for negligence. These claims could be subject to a shorter statute of limitations. For example, Michigan medical malpractice claims are subject to a two-year statute of limitations. If your wrongful death claim arises from medical malpractice, you must file your lawsuit within the two-year statute of limitations. Follow this link for more information on filing a medical malpractice lawsuit in Michigan.

If you suspect your loved one died because someone else was negligent, reckless, or careless, you should consult with an experienced wrongful death attorney as quickly as possible to preserve your right to pursue financial compensation for your loss.

Seeking Compensation Under Michigan’s Wrongful Death Statute

A claim for wrongful death arises when a person is killed by the neglect, wrongful act, or fault of another person or a corporation. A claim for wrongful death is brought by the personal representative of the estate of the deceased and seeks compensation for:

  • Reasonable medical, hospital, funeral, and burial expenses;
  • Compensation for the conscious pain and suffering experienced 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.

Compensation recovered in a wrongful death claim is distributed among the deceased person’s spouse, children and step-children, parents, grandparents, brothers and sisters, descendants, and others who would inherit from the estate of the deceased person.

What Happens If You Don’t File Your Lawsuit Within the Wrongful Death Statute of Limitations?

If you do not file your lawsuit within the period set by the statute of limitations, you risk forfeiting the right to pursue your claim. The defendant will no longer face potential liability for the wrongful death, and your family will lose the right to pursue a lawsuit seeking compensation for your loss.

Exceptions to Michigan’s Wrongful Death Statute of Limitations

There are some notable exceptions to the wrongful death statute of limitations.

The Discovery Rule

The statute of limitations may start from a later date if you did not discover or could not have reasonably discovered the cause of your loved one’s death.

Medical Malpractice Exemption

Michigan medical malpractice claims are subject to a two-year statute of limitations. If you wish to file a claim for wrongful death due to medical negligence, you must file your claim within two years from the date of death of your loved one or the date you discovered the medical malpractice, whichever is later.

Tolling

If the defendant was a minor, legally defined as mentally incompetent, or was out of state during the statute of limitations time period, the wrongful death statute of limitations might be extended.

Claims Against Government Entities

The wrongful death statute of limitations may be significantly shorter in claims against a government entity, such as a city, county, or state agency.

Fraud or Concealment

The statute of limitations may be extended if the defendant engaged in fraud or actively concealed the negligence or wrongdoing that led to the death of a loved one.

Bankruptcy

Bankruptcy proceedings filed by the defendant may temporarily halt the statute of limitations until the bankruptcy case is complete.

Contact the Wrongful Death Attorneys at Muth Law, P.C. Today

Missing the wrongful death statute of limitations can have severe consequences. If you fail to file your claim within the wrongful death statute of limitations, you risk losing the right to seek compensation for the loss of your loved one.

The wrongful death lawyers at Muth Law, P.C. can evaluate your claim and identify factors that might affect the statute of limitations in your case. We have extensive experience handling claims for wrongful death and the negligence that often accompanies them. We can help your family navigate the complex legal process of pursuing justice after the tragic loss of a loved one.

To learn more, contact Muth Law P.C. today by calling 734-481-8800, emailing info@muthlawpc.com, or completing our online form. We look forward to discussing how we can help your family during this difficult time.