Michigan Compiled Laws

Mich. Comp. Laws § 600.2922 (2026)

Death by wrongful act, neglect, or fault of another; liability; action by personal representative; limitation; notice; approval or rejection of proposed settlement; award and distribution of damages; presentation of claim for damages; advising attorney for personal representative of material facts; applicability of MCL 700.3924 to distribution of proceeds.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2922 Death by wrongful act, neglect, or fault of another; liability; action by personal representative; limitation; notice; approval or rejection of proposed settlement; award and distribution of damages; presentation of claim for damages; advising attorney for personal representative of material facts; applicability of MCL 700.3924 to distribution of proceeds.

Sec. 2922.

(1) Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony.

(2) Every action under this section shall be brought by, and in the name of, the personal representative of the estate of the deceased. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in subsection (4) upon the person or persons who may be entitled to damages under subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.

(3) Subject to sections 2802 to 2805 of the estates and protected individuals code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this section shall be limited to any of the following who suffer damages and survive the deceased:

(a) 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.

(b) The children of the deceased's spouse.

(c) 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.

(4) The notice required in subsection (2) shall contain the following:

(a) The name and address of the personal representative and the personal representative's attorney.

(b) 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.

(c) 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.

(d) 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 under subsection (6) 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.

(5) If, for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative asking leave of the court to settle the claim, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.

(6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased. The proceeds of a settlement or judgment in an action for damages for wrongful death shall be distributed as follows:

(a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon the filing of the motion, the court shall order a hearing.

(b) Unless waived, notice of the hearing shall be served upon all persons who may be entitled to damages under subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.

(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall be first appointed, and the notice provided in subdivision (b) shall be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.

(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.

(e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered in accordance with the stipulation or agreement.

(7) A person who may be entitled to damages under this section 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 under subsection (6). The failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

(8) A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person's right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in this subsection.

(9) If a claim under this section is to be settled and a civil action for wrongful death is not pending under this section, the procedures prescribed in section 3924 of the estates and protected individuals code, 1998 PA 386, MCL 700.3924, shall be applicable to the distribution of the proceeds.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1965, Act 146, Imd. Eff. July 12, 1965 ;-- Am. 1971, Act 65, Eff. Mar. 30, 1972 ;-- Am. 1985, Act 93, Imd. Eff. July 10, 1985 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 270, Imd. Eff. Dec. 19, 2005

Compiler's Notes:

Section 2 of Act 93 of 1985 provides: “This amendatory act applies to cases and matters pending on or filed after the effective date of this amendatory act.”

Notes of Decisions

Cited in 373 cases (52 in the last 5 years), 1964–2026 · leading case: Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012).

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Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). · cites it 88× “The circuit court refused to grant summary disposition, but ordered plaintiffs to appoint a personal representative for the estate of Baby Johnson and to amend the complaint to bring the negligence claim that had been brought on behalf of Baby Johnson through the wrongful-death…”

Wesche v. Mecosta Cnty. Road Comm'n, 746 N.W.2d 847 (Mich. 2008). · cites it 22× “In Kik, we also must determine whether the wrongful-death act, MCL 600.2922, permits a loss-of-consortium claim against a governmental agency.”

Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004). · cites it 16× “§ 600.2922, provides, in pertinent part: (1) Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensured, have entitled the party injured to…”

Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008). · cites it 28× “Plaintiff sought to recover damages pursuant to the wrongful death act (WDA), MCL 600.2922, including the economic value of household services the decedent had provided to her minor children.”

Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003). · cites it 26× “* * * (6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including ... damages for the loss of financial support and the loss of the society and companionship of the…”

Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004). · cites it 7× “These provisions state that “the personal representative of the estate of the deceased person” be able to “maintain an action and recover damages [against] the person who or the corporation that would have been liable, if death had not ensued .”

O'NEILL v. Morse, 188 N.W.2d 785 (Mich. 1971). · cites it 22× “MCLA § 600.2922 (Stat Ann 1971 Cum Supp § 27A.”

Denney v. Kent Cnty. Road Comm'n, 896 N.W.2d 808 (Mich. Ct. App. 2016). · cites it 11× “Plaintiff, as personal representative of the decedent’s estate, sued defendant under the wrongful-death statute, MCL 600.2922. 1 Defendant moved for partial summary disposition, alleging that under the governmental tort liability act (GTLA), MCL 691.”

Hawkins v. Reg'l Med. Labs., PC, 329 N.W.2d 729 (Mich. 1982). · cites it 10× “" MCL 600.2922; MSA 27A.2922, is the wrongful death statute.”

in Re Bradley Est., 835 N.W.2d 545 (Mich. 2013). · cites it 5× “Mick then filed in the probate court a civil contempt petition that replicated the contents of her previous wrongful death complaint, asserting that the estate had suffered damages as a result of the sheriff’s department’s failure to execute the pick-up order, including but not…”

Simpson v. Alex Pickens, Jr, & Assocs., Md, Pc, 874 N.W.2d 359 (Mich. Ct. App. 2015). · cites it 21× “Further, defendants argued, “the amendment of MCL 600.2922 to reference MCL 600.2922a does not change the essential nature of the underlying claim brought under MCL 600.”

Miller v. State Farm Mut. Auto. Ins., 302 N.W.2d 537 (Mich. 1981). · cites it 8× “MCL 600.2922; MSA 27A.2922. Under our wrongful death act, a survivor's recoverable economic losses include, at a minimum, the loss of financial support from the deceased and the loss of services that the survivor would have received from the deceased had he lived.”

Show all 373 citing cases →

— Mich. Comp. Laws § 600.2922(1) — 52 cases

Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “The circuit court refused to grant summary disposition, but ordered plaintiffs to appoint a personal representative for the estate of Baby Johnson and to amend the complaint to bring the negligence claim that had been brought on behalf of Baby Johnson through the wrongful-death…”

Wesche v. Mecosta Cnty. Road Comm'n, 746 N.W.2d 847 (Mich. 2008). “In Kik, we also must determine whether the wrongful-death act, MCL 600.2922, permits a loss-of-consortium claim against a governmental agency.”

Simpson v. Alex Pickens, Jr, & Assocs., Md, Pc, 874 N.W.2d 359 (Mich. Ct. App. 2015). “Further, defendants argued, “the amendment of MCL 600.2922 to reference MCL 600.2922a does not change the essential nature of the underlying claim brought under MCL 600.”

Denney v. Kent Cnty. Road Comm'n, 896 N.W.2d 808 (Mich. Ct. App. 2016). “Plaintiff, as personal representative of the decedent’s estate, sued defendant under the wrongful-death statute, MCL 600.2922. 1 Defendant moved for partial summary disposition, alleging that under the governmental tort liability act (GTLA), MCL 691.”

Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008). “Plaintiff sought to recover damages pursuant to the wrongful death act (WDA), MCL 600.2922, including the economic value of household services the decedent had provided to her minor children.”

— Mich. Comp. Laws § 600.2922(2) — 55 cases

Berger v. Weber, 303 N.W.2d 424 (Mich. 1981).

Crystal v. Hubbard, 324 N.W.2d 869 (Mich. 1982).

Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004). “These provisions state that “the personal representative of the estate of the deceased person” be able to “maintain an action and recover damages [against] the person who or the corporation that would have been liable, if death had not ensued .”

Bernier v. Bd. of Cnty. Rd. Com'rs for Ionia Cnty., 581 F. Supp. 71 (W.D. Mich. 1983).

Citizens Ins. Co. of Am. v. Buck, 548 N.W.2d 680 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 600.2922(3) — 25 cases

In Re Combs Est., 669 N.W.2d 313 (Mich. Ct. App. 2003).

Eddington Est. v. Eppert Oil Co., 490 N.W.2d 872 (Mich. 1992).

Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003). “* * * (6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including ... damages for the loss of financial support and the loss of the society and companionship of the…”

Byrne v. Schneider’s Iron & Metal, Inc, 475 N.W.2d 854 (Mich. Ct. App. 1991).

— Mich. Comp. Laws § 600.2922(3)(a) — 18 cases

Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008).

Rickwalt v. Richfield Lakes Corp., 633 N.W.2d 418 (Mich. Ct. App. 2001).

Setterington v. Pontiac Gen. Hosp., 568 N.W.2d 93 (Mich. Ct. App. 1997).

In Re Renaud Est., 509 N.W.2d 858 (Mich. Ct. App. 1993).

Brown v. Thornton, 481 N.W.2d 828 (Mich. Ct. App. 1992).

— Mich. Comp. Laws § 600.2922(3)(b) — 7 cases

In Re Combs Est., 669 N.W.2d 313 (Mich. Ct. App. 2003).

in Re Cliffman Est. (Mich. 2017).

In re Cliffman Est., 876 N.W.2d 243 (Mich. 2016).

in Re Cliffman Est. (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 600.2922(4)(d) — 1 case

20250212_C369141_41_369141.Opn.Pdf (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 600.2922(5) — 4 cases

Robinson v. Fiedler, 870 F. Supp. 193 (W.D. Mich. 1994).

In re Guardian Ad Litem Fees, 560 N.W.2d 76 (Mich. Ct. App. 1996).

Est. of Evelyn Ella Kellogg v. Christen Landry (Mich. Ct. App. 2025).

20250212_C369141_41_369141.Opn.Pdf (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 600.2922(6) — 58 cases

Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004). “§ 600.2922, provides, in pertinent part: (1) Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensured, have entitled the party injured to…”

— Mich. Comp. Laws § 600.2922(6)(aMe) — 1 case

Moore v. MacKinac Cnty. Bd. of Road Commissioners, 688 F. Supp. 308 (W.D. Mich. 1988).

— Mich. Comp. Laws § 600.2922(6)(b) — 1 case

Vine v. City of Lansing Police Dep't, 930 F. Supp. 1177 (W.D. Mich. 1996).

— Mich. Comp. Laws § 600.2922(6)(c) — 1 case

In re Guardian Ad Litem Fees, 560 N.W.2d 76 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 600.2922(6)(d) — 15 cases

McTaggart v. Lindsey, 509 N.W.2d 881 (Mich. Ct. App. 1993).

Robinson v. Fiedler, 870 F. Supp. 193 (W.D. Mich. 1994).

Hoogewerf v. Kovach, 463 N.W.2d 160 (Mich. Ct. App. 1990).

Brown v. Thornton, 481 N.W.2d 828 (Mich. Ct. App. 1992).

— Mich. Comp. Laws § 600.2922(7) — 3 cases

Burgess v. Clark, 547 N.W.2d 59 (Mich. Ct. App. 1996).

Johnson v. Pastoriza, 810 N.W.2d 42 (Mich. Ct. App. 2010).

20250212_C369141_41_369141.Opn.Pdf (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 600.2922(8) — 1 case

Roberts v. Gateway Motel of Grand Rapids, Inc, 377 N.W.2d 895 (Mich. Ct. App. 1985).

— Mich. Comp. Laws § 600.2922(9) — 7 cases

Reed v. Breton, 756 N.W.2d 89 (Mich. Ct. App. 2008).

In Re Kubiskey Est., 600 N.W.2d 439 (Mich. Ct. App. 1999).

In Re Durbin Est., 517 N.W.2d 261 (Mich. Ct. App. 1994).

Burgess v. Clark, 547 N.W.2d 59 (Mich. Ct. App. 1996).

Ketchum v. Durbin, 205 Mich. App. 113 (Mich. Ct. App. 1994).

— Mich. Comp. Laws § 600.2922(d) — 1 case

Overall v. Oakland Cnty. (E.D. Mich. 2023).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.