Most Plaintiff attorneys fail to provide notice to the potential
wrongful death claimants
following the filing of the lawsuit.
Michigan’s Wrongful Death Act (MCL §600.2922)
Michigan’s Wrongful Death Act (MCL §600.2922) states that:
“Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed … upon the person or persons who may be entitled to damages…”
By complying with this statute, it places the burden on the wrongful death claimants to timely file their claims or risk being barred.
What is the Wrongful Death Notice?
The statute mandates that notice be provided to those wrongful death claimants defined under the statute. Specifically, the statute requires the Notice to include:
- The name and address of the personal representative and the personal representative’s attorney.
- 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.
- 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.
- 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 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.
Who are the Claimants?
The persons defined as wrongful death claimants are limited to persons who suffer damages and survive the deceased:
- 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.
- The children of the deceased’s spouse.
- 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.