Auto Accidents

Michigan Fatal Car Accident Lawyers (Wrongful Death Claims)

October 9, 2025

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Michigan Fatal Car Accident Lawyers (Wrongful Death Claims)

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Fatal car accidents are devastating. When you lose a loved one in a car crash due to driver negligence, you may feel angry, confused, and overwhelmed.

While no amount of money can truly heal your pain, family members who have lost a loved one in a fatal car accident have the legal right to file a claim or a lawsuit to recover compensation. You may be eligible for no-fault benefits or a wrongful death settlement. The wrongful death lawyers at the Lee Steinberg Law Firm understand how complex and devastating deaths from a car accident can be. Our experienced trial team of Michigan fatal car accident lawyers has obtained hundreds of millions for clients over the past 50 years.

QUICK GUIDE: WHAT HAPPENS WHEN SOMEONE DIES IN A CAR ACCIDENT?
Many people ask us this question. Here is the legal process in Michigan:

Investigation: We hire experts to preserve evidence (black box data, video).
Probate: We help you open an Estate and appoint a "Personal Representative."
Benefits: We file for immediate No-Fault "Survivor’s Benefits" (lost wages/funeral).
Lawsuit: We file a Wrongful Death lawsuit against the at-fault driver for pain and suffering compensation.

Fatal Car Accident Statistics

There were approximately 39,345 deaths from car accidents in 2024. According to the NHTSA, this represents a 3.8% decrease compared to the 40,901 fatalities reported in 2023. It’s also the first time since 2020 that the number of fatalities fell below 40,000.

According to NHTSA’s Deputy Administrator, the fatal car accident issue is urgent but preventable. Most fatal accidents are a result of negligent driving behaviors, which means these tragic events can be prevented by doubling down on safety measures and traffic enforcement.

In Michigan, there were 1,099 fatalities in 2024, four more than in 2023. August had the most fatalities (105), with Saturday being the day with the most fatalities of any day of the week. Over 71% of deaths were men, and 404 fatalities were crashes that involved at least one airbag deployment.

Leading Causes of Michigan Fatal Car Accidents

Some of the most common causes of fatal car accidents include:

Speeding
Drinking and driving
Drug use while driving
Distracted driving, such as cell phone use
Driving while fatigued

However, it is important to note that other factors can also contribute to a higher risk of death in a car accident. These factors include the time of day, weather, seatbelt use, and age.

What to Do After a Michigan Fatal Accident

If you lose a loved one in a fatal car accident, you should contact a Michigan wrongful death attorney as soon as you are ready. Although you are going through hell, an experienced fatal accident lawyer will help get an investigation going immediately. This is important because key evidence can get lost if too much time passes by. And if the fatality involves a trucking company or commercial vehicle, they will have a team of lawyers and experts trying to cover their tracks as quickly as possible.

Here are some things an experienced Michigan fatal car accident law firm would do when retained by a family following a crash:

Send spoliation letters to the defendant, insurance company, driver, and any other relevant parties to preserve evidence. This includes video surveillance and the vehicle itself.
Hire an accident reconstruction expert to begin an investigation into the cause of the crash. This expert can also help obtain key documents, such as the UD-10 report or police report.
Contact the responding law enforcement agency and request the police report, as well as any photographs and videos taken by the agency.
Request the body camera footage from the police officers who responded to the crash.
Research and download any social media about the crash.
Contact witnesses to the crash and get recorded statements. Hire investigators as needed.
Request a copy of the fatal squad report.

Setting up an Estate After a Car Crash Wrongful Death

Car accident fatalities that are due to the negligence of another driver or person fall under the Michigan Wrongful Death Act. The law grants the personal representative of the deceased the right to file a wrongful death lawsuit. The recovery from the lawsuit is intended for the benefit of the deceased's spouse, children, parents, and other designated relatives.

The personal representative (PR) is the person who runs the show. This person should be a responsible individual who keeps in contact with heirs, the family’s attorney, and the court itself.

To set up an Estate, certain paperwork must be completed with the Michigan Probate Court. This paperwork is usually filed in the county where the deceased resided. The initial document that must be filed with the Court is a Petition for Probate and/or Appointment of Personal Representative. Once the probate court approves the petition, it will issue Letters of Authority, which officially give the personal representative the legal power to act for the Estate. The PR must then notify heirs and interested persons.

Again, your personal injury law firm should be able to get this done for you.

Filing a Fatal Car Accident Claim

There are two primary ways to recover compensation and benefits following the death from a motor vehicle accident.

1. No-Fault Survivors’ Benefits:

In most situations, Michigan no-fault insurance laws allow the family members of a person killed in a car accident to recover special benefits. These benefits are part of a survivor’s loss claim. This includes compensation for:

Medical expenses
Funeral expenses
Lost wages for up to three years, lost pension benefits, and other income sources
Replacement services for up to three years

2. Wrongful Death Lawsuit:

Under the Wrongful Death Act, family members of a person killed in a car accident can sue the at-fault driver and other defendants for substantial damages. This can include compensation for the conscious pain and suffering sustained by the decedent during the period between the time of the injury and death.

It also includes damages for loss of financial support, loss of the society and companionship of the deceased, and loss of emotional support.

How Much Time Do I Have to File a Lawsuit After a Car Accident Death?

Under the Michigan Wrongful Death Act, there is no specific amount of time provided for the family or Estate to file a lawsuit. Instead, it depends on the type of underlying case. For auto accidents, Michigan law says a family has three (3) years from the date of the crash to file a lawsuit against the proper defendants. MCL 600.5805.

The Lee Steinberg Law Firm: Michigan Fatal Car Accident Attorneys

While Survivor Loss benefits are available no matter who was at-fault for the fatal accident, wrongful death settlements can only be recovered if you can prove that another party was negligent in causing the crash. This means it’s essential to work with an attorney and law firm that will prove fault to ensure you have solid grounds for filing a wrongful death lawsuit.

At The Lee Steinberg Law Firm, we have years of experience handling Michigan fatal car accident claims. We can help you during this trying time and ensure you receive the best possible outcome and the full and fair settlement you deserve for the loss of your loved one.

Contact our Michigan wrongful death lawyers at 1-800-LEE-FREE (1-800-533-3733) or fill out a free case evaluation form. You’ll pay nothing until we settle your case.

About

Eric Steinberg

Eric Steinberg is a managing partner at the Lee Steinberg Law Firm, having recovered tens of millions for clients throughout Michigan. Attorney Steinberg has almost 20 years of experience handling personal injury, auto accidents, big truck accidents, premises liability, medical malpractice, nursing home injury, and dog bite cases.

He is one of Michigan’s leading authorities on personal injury law, having served as the President of the Michigan Association for Justice (MAJ).  As an advocate for ensuring people have access to justice, Attorney Steinberg believes all injured individuals should be able to obtain legal representation at their most difficult times. As a result, all clients at his firm never pay an attorney fee or any costs until the outcome of their case is successful.  Attorney Steinberg has tried multiple cases to verdict and handles all facets of the Lee Steinberg Law Firm. He has been named a Michigan Super Lawyer by his peers as one of the top personal injury attorneys in the State of Michigan. Attorney Steinberg is also a frequent speaker at seminars where he teaches other lawyers about updates in personal injury law, discovery tactics, and trial advocacy.

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Settlement

$5,750,000

Premises Liability

A single father of two children sustained a below the knee amputation when a hi-lo driver struck our client at a worksite. Our client had to undergo multiple surgeries and extensive rehabilitation.

Settlement

$2,250,000

Car Accident

Plaintiff was paralyzed from the waist down after being struck by a car traveling approximately 50 mph. The Plaintiff was riding a bicycle on a sidewalk and had the right of way to cross the intersection when the car made a turn, striking him directly. At first, the defendant denied liability but the responding policy officer placed the at-fault driver at-fault. In addition, our firm performed our own investigation, including taking witness statements and meeting with experts to solidify the negligence of the at-fault driver. Our client suffered a fractured vertebra in the cervical spine with edema of the spinal cord. He lost the ability to fully use his extremities and will likely be wheelchair bound for the rest of his life. He also suffered a mild to moderate traumatic brain injury.

Verdict

$1,855,000

Car Accident

Our client was killed while traveling on I-75 in Genesee County when a wheel fell of defendant’s pick-up truck, which was pulling a trailer. The wheel flew over the median wall and through the windshield of the decedent, causing fatal injuries. The defendant initially denied any wrongdoing and attributed the entire accident to a freak occurrence. However, through aggressive investigation by our firm, including the hiring of multiple experts including an accident reconstructionist and metallurgist, the Lee Steinberg Law Firm proved the horrible tragedy was the fault of the defendant and could have easily been prevented through basic inspection.

Settlement

$1,300,000

Construction Accident

The Lee Steinberg Law Firm secured a settlement for a man injured while on a work-site. As he was placing his hand on a plywood door frame, the frame gave way causing him to fall 14 feet. The frame had not been secured properly by another contractor at the job site. The 54-year-old landed on both feet, shattering both heals and ankles, requiring multiple surgeries and fully disabling him from further employment.

Verdict

$1,100,000

Medical Malpractice

A jury awarded $1,100,000 in a failure to diagnose case.

ARBITRATION

$1,020,000

Ride Sharing Accident

Our client was seriously injured while a passenger in a ride share vehicle for a major ride share company when her vehicle was rear-ended by a hit-and-run driver. Following the accident, she had a low back fusion surgery. She turned to the ride share company for the payment of Michigan no-fault benefits and uninsured motorist benefits. The ride share company terminated benefits refused to pay outstanding no-fault benefits including pain and suffering compensation. After aggressively pursuing her claims, our legal team obtained a significant arbitration award.

Settlement

$1,000,000

Wrongful Death

A driver on M30 in Gladwin County failed to properly slow down for traffic that was waiting in line to make a left turn. After braking at the last second, the defendant, who was traveling over 90 mph, swerved into oncoming traffic and struck the vehicle the plaintiff operated. The crash was extremely violent, causing the plaintiff to sustain fatal injuries.

Settlement

$1,000,000

Car Crash

A Shiawassee County man was operating a sedan when he was hit crossing an intersection by another vehicle that failed to see him. The collision was horrific and our client’s car was totaled. The “jaws of life” were used to extract him from the wreck. Our law office retained an accident reconstruction expert to investigation and explain why the other vehicle was at-fault for causing the accident. A trucking expert was also retained. After an intensive period of discovery, the defendant had no ability to dispute liability and was forced to accept blame. His injuries included a low back fusion, an operation to repair a torn left shoulder, multiple oral surgeries and depression.

Settlement

$870,000

Car Accident

Plaintiff was in a line of traffic on Haggerty Road when a vehicle suddenly stopped in front of him. Plaintiff attempted to swerve away from the vehicle and was struck by another vehicle during his evasive action. Plaintiff sustained a serious low back injury during this crash, necessitating extensive treatment including a lumbar spinal fusion surgery. The Lee Steinberg Law Firm was able to recover lost wages, the payment of medical bills, payment to family members for attendant care and replacement services, as well as pain and suffering.

Settlement

$850,000

Car Accident

Our client was walking in a popular shopping mall when she was hit by a car. The driver of the car was adamant he was not at-fault for causing the crash. The insurance company for the driver placed all the blame for the accident on our client. As a result of the crash, our client sustained a fetal placental abruption. The medical examiner called it a stillbirth. The defense disputed the fetus was viable and did not want to pay anything. After aggressive and persistent discovery, including numerous depositions and the use of experts, our firm resolved the lawsuit for the family for $850,000.

Settlement

$850,000

Car Wreck

Woman was hit by a drunk driver in Midland County. The crash lead to three separate surgeries, including a repair of a shattered left femur, repair of a fracture to the right distal humeral shaft and a right ankle fracture repair. The plaintiff was in rehabilitation for three months following the car accident. She was left with permanent scarring and other permanent ailments.

Settlement

$750,000

Car Accident

A commercial truck driver failed to notice that traffic had come to a stop and rear-ended the pick-up truck our client occupied. The force of that impact propelled the pick-up truck into the vehicle in front of it causing a chain reaction. Five vehicles were ultimately involved in the crash. After a tough battle, our client passed away from his injuries.