The loss of a loved one is one of the most devastating experiences imaginable, and the situation can feel even more impossible if a government agency or employee is responsible. Michigan law does allow families to pursue wrongful death claims against government entities, but these cases are subject to strict rules and short deadlines. If you do not follow the process carefully, your claim may be barred before it even begins.
Learning about how Michigan handles government liability is the first step. Read on for more information, and schedule a free consultation with a compassionate wrongful death lawyer if you need help.
Governmental Immunity and Wrongful Death in Michigan
Michigan’s Governmental Immunity Act protects government bodies and employees from most lawsuits. This is called “sovereign immunity.” Generally, cities, counties, and state agencies with sovereign immunity are immune from negligence lawsuits. However, the statute spells out limited exceptions where wrongful death claims are possible.
Some of the most common exceptions include:
- Negligent operation of government-owned vehicles leading to car accidents
- Defective or unsafe conditions in public buildings
- Dangerous conditions on highways or public roadways
- Gross negligence by a government employee acting within the scope of their job
If your loved one’s death falls into one of these categories, you may be able to bring a claim despite sovereign immunity protections.
Strict Notice Requirements
One of the most important differences in claims against the government is the notice requirement. Michigan law requires families to provide written notice of the claim within a specific timeframe. The notice must describe the incident, the location, the nature of the claim, and the damages being sought.
For example, in highway defect cases, the notice must be filed within 120 days of the accident. Other exceptions have their own notice deadlines, some of which are very short. If you fail to provide proper notice in time, the courts will dismiss your case regardless of its merits.
What Is the Statute of Limitations for Wrongful Death Claims in Michigan?
Beyond the notice requirement, wrongful death lawsuits in Michigan are also subject to a statute of limitations. In most personal injury or wrongful death cases, families have three years to file a lawsuit. However, there are exceptions where this time limit may be extended or shortened, depending on the facts of the case.
Since you could lose your right to recover compensation altogether if you file your claim too late, it’s best to reach out to a wrongful death attorney as soon as you can in these circumstances.
Recoverable Damages in a Wrongful Death Case
If the claim qualifies under an exception to governmental immunity, families may be entitled to multiple forms of compensation. Damages in Michigan wrongful death cases can include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Lost wages and benefits the deceased would have provided
- Pain and suffering endured before death
- Loss of companionship, guidance, and support for surviving family members
Wrongful death cases can be worth substantial amounts of money, though you may need to take legal action (potentially in court) to recover the full amount of what your claim might be worth.
Contact a Troy Wrongful Death Attorney for Legal Help
Claims against government entities are different from standard wrongful death lawsuits. Michigan law outlines narrow exceptions, short notice periods, and strict filing requirements. Families who do not meet these requirements risk losing their chance at a financial recovery.
Contact Khamo Law for a free consultation today at (248) 466-0606. Our wrongful death lawyers in Troy and Sterling Heights have decades of combined experience and will make your case our priority from the start.