Catastrophic injury and wrongful death

Catastrophic injury

You do not have to sort this out alone. We will tell you plainly who should handle it.

Maybe someone you love has died, or has been hurt in a way that changes their life. You do not need to know what to do yet. Start by telling us what happened.

These cases are large, and they can take years to resolve. Some we handle ourselves, and many we connect with a firm that handles this work every day. Either way, we tell you plainly which it is. We also explain the estate step and the deadlines that matter most. In Michigan, a death claim is not filed by the family in their own names. Instead, it is filed by the personal representative, the person the probate court appoints to manage the estate. MCL 600.2922(2). If a car crash caused the harm, no-fault benefits may also be owed, and they run on their own clock.

What the law can pay for

Who can recover. Family members who survive the person and who suffered a loss because of the death. That includes a spouse, children, grandchildren, parents, grandparents, brothers, and sisters. It can also include a spouse's children and people named in the will. MCL 600.2922(3).

What a death claim covers. Medical, hospital, funeral, and burial bills the estate owes, and the financial support the family lost. The loss of the person's love, care, and company, which the law calls society and companionship. Pain the person suffered while conscious, meaning awake and aware, before they died. MCL 600.2922(6).

No-fault, after a crash. Survivor's loss pays dependents for the support the person gave them, for up to three years after the crash. MCL 500.3108. Funeral and burial costs are paid up to the amount in the policy, at least $1,750 and no more than $5,000. MCL 500.3107(1)(a)(ii).

A lifelong injury. No-fault can pay for medical care and help at home for the rest of a person's life. How much it pays depends on the coverage level on the policy. MCL 500.3107c(1).

Tell us what happened at askazzo.com, or call 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham.

Lawyers specialized in

Catastrophic injury

Kirstie Magyari

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3 years

The usual deadline to sue over a death or an injury. For a death, the estate may get more time once the probate court acts. MCL 600.5805(2).

$7,455

The cap on no-fault survivor's loss per 30 days, for crashes on or after October 1, 2026. The cap is reset each October 1 and depends on the crash date. It is paid to dependents for up to three years. MCL 500.3108, DIFS Bulletin 2026-20-INS.

$1,750 to $5,000

What no-fault pays for a funeral and burial. The policy sets the amount inside that range. MCL 500.3107(1)(a)(ii).

How this works

Who brings the claim, and who pays

The death claim. Brought by the estate.

A wrongful death case is filed by the personal representative of the estate. MCL 600.2922(2). The probate court appoints that person, who is often a spouse or a grown child. Within 30 days of filing, they must send written notice to the family. That notice goes to everyone who may share in any recovery. MCL 600.2922(2). Any settlement reached while the case is pending needs the court's approval. MCL 600.2922(5). The court then divides the money among the family, based on each person's loss. MCL 600.2922(6)(d). If every person is an adult and all agree in writing, the court follows their agreement. MCL 600.2922(6)(e).

Your own auto insurer. When a vehicle was involved.

No-fault, the personal protection coverage on your own auto policy, pays no matter who caused the crash. After a death it pays survivor's loss and funeral costs. MCL 500.3108, MCL 500.3107(1)(a)(ii). After a lifelong injury it pays for medical care, rehab, and attendant care, which is help with daily needs at home. The medical limit is the level chosen on the policy: $250,000, $500,000, or no limit. A $50,000 level exists for some people on Medicaid. MCL 500.3107c(1). Insurers must offer an add-on that pays for attendant care above a set limit. MCL 500.3107c(8). Family members can be paid for care they give, up to 56 hours a week unless the insurer agrees to more. MCL 500.3157(10), (11).

Was the person hurt while covered by a policy issued before June 11, 2019? Then the 2019 medical fee limits and the caps on family attendant care hours do not reduce their benefits. Andary v USAA Cas Ins Co, Mich Sup Ct No. 164772 (July 31, 2023).

On a no-limit policy, a state group set up by law pays the insurer back for very large claims. It reimburses the insurer, not the family. MCL 500.3104(2).

The person or company at fault.

In a crash case, a death automatically meets the no-fault threshold for suing the at-fault driver. MCL 500.3135(1). A lifelong injury can too, if it is a serious impairment of body function or a permanent serious disfigurement. MCL 500.3135(1).

Deadlines

As short as 60 days when a government body is involved. A claim involving a SMART bus needs written notice within 60 days. MCL 124.419. A claim against a county road commission also needs notice within 60 days. MCL 224.21(3). A claim about a defect in a public road or sidewalk needs notice in 120 days, or 180 days for a minor. MCL 691.1404.

One year after the crash to sue for no-fault benefits. You can have longer if written notice went to the insurer within that year, or if the insurer already paid. MCL 500.3145(1). The clock pauses from the day you make a specific claim for payment until the insurer formally denies it. MCL 500.3145(3). Even with timely notice, you cannot recover any loss incurred more than one year before you file suit. MCL 500.3145(2).

Two years for most medical malpractice claims. MCL 600.5805(8). These cases also have their own required steps before anyone can file suit.

Three years is the usual deadline to sue over a death or an injury. The statute counts it from the time of the death or injury. MCL 600.5805(2). Ask early, because the count can start at the injury.

Extra time for the estate. Did the person die before that deadline ran, or within 30 days after it? Then the personal representative gets 2 years from the day the probate court issues letters of authority. Letters of authority are the court papers that let that person act for the estate. MCL 600.5852(1). But no case can be filed more than 3 years after the usual deadline ran. MCL 600.5852(4). This rule applies to wrongful death cases. Miller v Mercy Memorial Hosp, 466 Mich 196 (2002).

Practical advice, not a deadline. Ask the probate court to open the estate early, because the claim cannot move without a personal representative. Keep the police report, medical records, bills, and funeral receipts together in one place. Do not give a recorded statement to the other side's insurer.

Notice for a SMART bus or county road commission claim

MCL 124.419, MCL 224.21(3)

60 days

Sue for no-fault benefits, unless written notice went in

MCL 500.3145(1)

1 year

Usual deadline to sue over a death or injury

MCL 600.5805(2)

100

3 years

Working with us

A named attorney owns the file and calls you back, usually the same day.

You call, or you send it.

We listen first.

Tell us what happened, at your own pace. We ask only the questions we need to give you a straight, honest answer.

We tell you who should handle it.

Some cases we take on ourselves, and many are better served by a firm that handles this work every day. You hear which it is plainly, and early.

We look at the no-fault side.

If a vehicle was involved, we explain how the coverage level under MCL 500.3107c works. We tell you when the one-year notice under MCL 500.3145(1) is due.

We explain the estate step.

A death claim needs a personal representative named by the probate court. MCL 600.2922(2). We explain how that step works and which deadlines it affects.

We make sure the right firm has it.

If another firm is the better fit, we connect you with them. If we keep the case, a named attorney owns the file.

Fees

No Fee Unless We Win.

Injury and death cases we handle run on contingency. No attorney fee unless we recover for you. The fee comes out of the recovery, at a percentage set in a written agreement you sign before we start. Case costs are itemized separately. The consultation costs nothing. If another firm takes the case, you get the fee terms in writing before any work starts.

The order it runs in

Recovery
Case costs
Attorney fee
Medical liens
What reaches you

Questions

Questions people ask

Who can file a wrongful death lawsuit in Michigan?

Only the personal representative of the estate. MCL 600.2922(2). That is the person the probate court appoints to manage the estate. The case is filed in their name, on behalf of the family.

Who gets the money from a wrongful death case?

Family members who survive the person and suffered a loss, such as a spouse, children, parents, and brothers and sisters. MCL 600.2922(3). Medical, funeral, and burial bills the estate owes are paid first. The court then splits the rest based on each person's loss. MCL 600.2922(6)(d).

How long do we have to file a wrongful death claim in Michigan?

Usually three years, counted from the time of the death or injury. MCL 600.5805(2). Ask early, because the count can start at the injury. The personal representative may get 2 years from the date letters of authority are issued. MCL 600.5852(1). But never more than 3 years past the usual deadline. MCL 600.5852(4). Medical malpractice claims follow shorter, more complicated rules.

Does no-fault pay anything when someone dies in a car crash?

Yes. Survivor's loss pays the person's dependents for the financial support they lost, for up to three years after the crash. MCL 500.3108. For crashes on or after October 1, 2026, it is capped at $7,455 in any 30-day period. DIFS Bulletin 2026-20-INS. The cap depends on the crash date, and earlier crashes have lower caps. For crashes from October 1, 2025 through September 30, 2026, it is $7,201. DIFS Bulletin 2026-20-INS. Funeral and burial costs are paid up to the policy amount, between $1,750 and $5,000. MCL 500.3107(1)(a)(ii).

Will no-fault pay for care for the rest of their life?

It depends on the coverage level on the policy. MCL 500.3107c(1). With no limit, medical care can continue for life. With a $250,000 or $500,000 limit, payment stops once that amount is used up. If the person was hurt while covered by a policy issued before June 11, 2019, older rules may protect the benefits. Andary v USAA Cas Ins Co, Mich Sup Ct No. 164772 (July 31, 2023).

Do you handle these cases yourselves?

Some of them. Many we connect with a firm that handles this work every day, because that is what serves the family best. We tell you plainly which it is, and the call costs nothing either way.

This page explains Michigan law. It is not legal advice about your situation, and the statutes and figures on it change. Reading this page, calling the firm, or sending us information does not create an attorney-client relationship. That relationship starts only when you and the firm sign a written agreement.

For the firm's full terms, see our disclaimer.

The Azzo Law storefront office on a Birmingham main street at dusk, warm light in the windows.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. When a family calls after a death or a life-changing injury, the first job is not the lawsuit. It is making sure the right people are on it, and that no early deadline slips while you grieve.

Call 844-ASK-AZZO, or tell us what happened. We will listen, check the deadlines, and tell you plainly whether we handle it or who should.

Tell us what happened Call 844-ASK-AZZO (844-275-2996)

Catastrophic injury

What the law can pay for

Who brings the claim, and who pays

The death claim. Brought by the estate.

Your own auto insurer. When a vehicle was involved.

The person or company at fault.

Deadlines

Working with us

You call, or you send it.

We listen first.

We tell you who should handle it.

We look at the no-fault side.

We explain the estate step.

We make sure the right firm has it.

Fees

The order it runs in

Questions people ask

Who can file a wrongful death lawsuit in Michigan?

Who gets the money from a wrongful death case?

How long do we have to file a wrongful death claim in Michigan?

Does no-fault pay anything when someone dies in a car crash?

Will no-fault pay for care for the rest of their life?

Do you handle these cases yourselves?

Explore other services

Business disputes

Criminal defense

Property damage

Work injuries

Tell us what happened

Catastrophic injury

What the law can pay for

Who brings the claim, and who pays

The death claim. Brought by the estate.

Your own auto insurer. When a vehicle was involved.

The person or company at fault.

Deadlines

Working with us

You call, or you send it.

We listen first.

We tell you who should handle it.

We look at the no-fault side.

We explain the estate step.

We make sure the right firm has it.

Fees

The order it runs in

Questions people ask

Who can file a wrongful death lawsuit in Michigan?

Who gets the money from a wrongful death case?

How long do we have to file a wrongful death claim in Michigan?

Does no-fault pay anything when someone dies in a car crash?

Will no-fault pay for care for the rest of their life?

Do you handle these cases yourselves?

Where to go next

Explore other services

Business disputes

Criminal defense

Property damage

Work injuries

Tell us what happened