Wrongful Death Complaint - Michigan

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

COMPLAINT FOR WRONGFUL DEATH

AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction, Venue & Governing Law
4. Definitions
5. General Allegations
6. Count I – Wrongful Death (MCL 600.2922)
7. Claims Resulting in Death Proceed Under MCL 600.2922
8. Damages Sought & Statutory Caps
9. Conditions Precedent, Tolling & Reservation of Rights
10. Demand for Jury Trial
11. Prayer for Relief
12. Alternative Dispute Resolution (Optional)
13. Verification & Certificate of Compliance
14. Signature Block

1. PRELIMINARY STATEMENT

1.1 Plaintiff, the duly appointed Personal Representative of the Estate of [DECEDENT NAME] (the “Decedent”), brings this civil action pursuant to Michigan’s Wrongful Death Act, Mich. Comp. Laws § 600.2922, arising out of Defendants’ wrongful acts, neglect, and/or fault that directly and proximately caused the Decedent’s death on [DATE OF DEATH].

1.2 Plaintiff seeks all damages recoverable under Michigan law on behalf of the Estate and the statutory Beneficiaries identified below.

2. PARTIES

2.1 Plaintiff: [ESTATE REPRESENTATIVE NAME], in his/her capacity as Personal Representative of the Estate of [DECEDENT NAME], appointed by the [NAME OF PROBATE COURT, COUNTY, CASE NO.] on [DATE OF APPOINTMENT].

2.2 Decedent: [DECEDENT NAME], who at all relevant times was a resident of [COUNTY] County, Michigan.

2.3 Defendant(s):

a. [DEFENDANT NAME 1], a [corporation/LLC/individual] doing business in Michigan, with its principal office at [ADDRESS].
b. [DEFENDANT NAME 2] (if applicable).

2.4 Persons who may be entitled to damages (collectively, the “Beneficiaries”) are limited by MCL 600.2922(3) to listed persons who survive Decedent and suffer damages, subject to the disqualification provisions referenced by that subsection. Identify every applicable category:

• [SPOUSE NAME], surviving spouse;
• [CHILD(REN) / DESCENDANT(S) NAME(S)];
• [PARENT(S) NAME(S)], surviving parent(s);
• [GRANDPARENT(S) / SIBLING(S) NAME(S)];
• [STEPCHILD(REN) NAME(S)], child(ren) of Decedent's spouse;
• [QUALIFYING WILL OR TRUST DEVISEE(S)] under subsection (3)(c); and
• [INTESTATE SUCCESSOR(S), ONLY IF NO LISTED FAMILY MEMBER SURVIVES].

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 Subject-matter jurisdiction is proper under MCL 600.605 because the amount in controversy exceeds $25,000.

3.2 Venue is proper in this Court pursuant to MCL 600.1629(1)(a), the tort-specific venue provision governing personal-injury and wrongful-death actions, because the original injury occurred in [COUNTY] County and Defendants reside, have a place of business, or conduct business there (with MCL 600.1621 applying only as a residual venue rule under MCL 600.1629(1)(d) if no county satisfies the tort-venue criteria).

3.3 This action is governed by Michigan substantive law, including MCL 600.2921, which directs injury claims resulting in death into the MCL 600.2922 action.

4. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

“Act” – the Michigan Wrongful Death Act, Mich. Comp. Laws § 600.2922.
“Beneficiaries” – the persons entitled to recover under Section 2.4.
“Complaint” – this pleading and all amendments hereto.
“Decedent” – [DECEDENT NAME].
“Defendants” – collectively, [DEFENDANT NAME 1] and [DEFENDANT NAME 2].
“Estate” – the probate estate of the Decedent opened in [COUNTY] Probate Court.

5. GENERAL ALLEGATIONS

5.1 On [DATE], at approximately [TIME], Decedent was located at [LOCATION] when Defendants, through their agents, servants, and/or employees, committed negligent and wrongful acts described herein.

5.2 [Set forth specific factual narrative: duty owed, breach, causation, foreseeability, statutory/regulatory violations, etc.]

5.3 As a direct and proximate result of Defendants’ wrongful conduct, Decedent sustained severe injuries culminating in death on [DATE].

6. COUNT I – WRONGFUL DEATH

(Mich. Comp. Laws § 600.2922)

6.1 Plaintiff incorporates by reference Paragraphs 1.1 through 5.3 as though fully restated.

6.2 Defendants owed Decedent a duty of reasonable care under the circumstances.

6.3 Defendants breached that duty by, inter alia, [SPECIFY ACTS/OMISSIONS].

6.4 The breach directly and proximately caused Decedent’s death.

6.5 Pursuant to the Act, Plaintiff seeks the statutory damages listed in Section 8.1 on behalf of the Estate and Beneficiaries who prove loss.

7. CLAIMS RESULTING IN DEATH PROCEED UNDER MCL 600.2922

7.1 Plaintiff re-alleges Paragraphs 1.1 through 6.5.

7.2 MCL 600.2921 provides that actions and claims generally survive, but expressly requires claims for injuries resulting in death to be prosecuted after death under MCL 600.2922.

7.3 Plaintiff therefore seeks conscious pain and suffering, estate-liable medical and funeral expenses, financial support, and society-and-companionship damages only within the MCL 600.2922 action and without a duplicative freestanding survival count for the same fatal injuries.

8. DAMAGES SOUGHT & STATUTORY CAPS

8.1 Pursuant to MCL 600.2922(6), Plaintiff seeks the following damages as the Court or jury considers fair and equitable under all the circumstances:

a. Reasonable medical, hospital, funeral, and burial expenses for which the Estate is liable;
b. Reasonable compensation for the conscious pain and suffering undergone by Decedent between the time of injury and death;
c. Loss of financial support to the persons identified in Section 2.4;
d. Loss of the society and companionship of Decedent;

8.2 If the wrongful act arises from alleged medical malpractice, noneconomic damages are subject to the statutory limitations set forth in Mich. Comp. Laws § 600.1483. This cap applies ONLY to claims alleging medical malpractice; it does not otherwise limit compensatory damages recoverable in a general wrongful-death action under MCL 600.2922.

9. CONDITIONS PRECEDENT, TOLLING & RESERVATION OF RIGHTS

9.1 All applicable presuit requirements have been satisfied or are inapplicable. Within 30 days after commencement, Plaintiff will serve the complaint and the notice prescribed by MCL 600.2922(4) on each potential subsection (3) claimant as required by MCL 600.2922(2). If the claim alleges medical malpractice, MCL 600.2912b and related requirements must also be satisfied.

9.2 This action is timely under the general period of limitations of three (3) years for death or personal injury actions under MCL 600.5805(2), and/or under the wrongful-death saving provision of MCL 600.5852, which permits the personal representative to commence an action that survives by law at any time within two (2) years after letters of authority are issued, notwithstanding that the period of limitations has otherwise run, provided the Decedent died before the period of limitations expired or within 30 days after it expired, and provided further that the action is not commenced later than three (3) years after the applicable period of limitations has run. Plaintiff was appointed Personal Representative and issued letters of authority on [DATE OF APPOINTMENT], and this Complaint is filed within the time permitted by MCL 600.5805(2) and/or MCL 600.5852.

9.3 Plaintiff reserves the right to amend this Complaint, add additional parties, and assert further claims as discovery warrants.

10. DEMAND FOR JURY TRIAL

Plaintiff will file a separate written jury demand and pay the jury fee within the time required by MCR 2.508(B)(1). This Complaint alone is not the jury demand.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of the Estate and the Beneficiaries and against each Defendant as permitted by Michigan's allocation and liability statutes, for:

1. Compensatory damages in an amount to be proven at trial;
2. Statutory interest, costs, and attorney fees as permitted by law;
3. Such other and further relief as the Court deems just and equitable.

12. ALTERNATIVE DISPUTE RESOLUTION (OPTIONAL)

12.1 The parties may, by written mutual agreement, submit this matter to facilitative mediation or binding arbitration pursuant to MCR 2.410–2.411. Absent such agreement, Plaintiff elects judicial resolution by jury trial.

12.2 Any arbitration shall occur in [MICHIGAN COUNTY], apply Michigan substantive law, and allow the full range of discovery provided under the Michigan Court Rules, unless otherwise stipulated.

13. VERIFICATION & CERTIFICATE OF COMPLIANCE

I, [ESTATE REPRESENTATIVE NAME], declare under the penalties of perjury that I have read the foregoing Complaint and that the factual statements made therein are true to the best of my knowledge, information, and belief.

Date: [__/__/____]

____________________________________
[ESTATE REPRESENTATIVE NAME],
Personal Representative, Plaintiff

Counsel’s certification under MCR 1.109(E)(5) and (8): I certify that to the best of my knowledge, information, and belief formed after reasonable inquiry, this document is well-grounded in fact and warranted by existing law.

Date: [__/__/____]

____________________________________
[ATTORNEY NAME] (P_____)
Attorney for Plaintiff

14. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: __________________________________
[ATTORNEY NAME] (P____)
[ADDRESS]
[PHONE] | [EMAIL]
Attorneys for Plaintiff