It is certainly unfortunate when anyone passes away, but it can be even more tragic when someone else is at fault. In such cases, a wrongful death action may be appropriate; however, calculating how long you have to bring a claim can be complicated.
While some states have a specific statute of limitations for wrongful death actions, Michigan borrows much from other statutes and other causes of action. First and foremost, the period of limitations runs from the date the underlying “wrong” occurs—not the death. Grimm v. Ford Motor Co., 157 Mich. App. 633 (1986). Grimm also outlines that the period of limitations for a wrongful death action is based on the period of limitations for the underlying tort. Id.
In Michigan, many of these periods of limitation can be found in MCL 600.5805. For example, if the death is caused by common negligence, the appropriate individual has three years to bring a claim. MCL 600.5805. However, if the death is caused by medical malpractice, the appropriate individual only has two years. Id. If you believe that a wrongful death action may be appropriate, it is always advisable to consult with an attorney early on to avoid accidentally waiting too long to bring a claim.