When a family pursues a wrongful death claim after a fatal truck crash, one of the hardest but most important questions is what the law allows them to recover. No amount of money can measure a life — but Michigan’s Wrongful Death Act recognizes several categories of loss, both financial and deeply personal. Here’s what families can recover and how these damages are valued.
The categories of wrongful death damages
Michigan’s Wrongful Death Act allows recovery for a combination of economic losses, the deceased’s own suffering, and the survivors’ loss of the relationship. Broadly, damages fall into these groups.
Economic damages
Medical expenses before death
If your loved one received medical care between the crash and their passing, those costs are recoverable.
Funeral and burial expenses
The reasonable costs of the funeral and burial are part of the claim.
Loss of financial support
Perhaps the largest economic component is the income and financial support the deceased would have provided to their family over their lifetime. For a family that depended on that income, this loss can be substantial and is typically calculated with the help of an economist, considering the deceased’s age, earnings, and work-life expectancy.
Loss of services
The value of the practical services the deceased provided — from household work to childcare — can also be recovered.
The deceased’s conscious pain and suffering
If the deceased consciously suffered between the crash and their death, the estate may recover for that pain and suffering. This is separate from the survivors’ losses and recognizes what your loved one endured.
Loss of society and companionship
This is the heart of a wrongful death claim for the family. Michigan law allows surviving family members to recover for the loss of the society and companionship of their loved one — the loss of love, comfort, guidance, and the relationship itself. It acknowledges that the deepest losses aren’t financial. These damages are inherently personal, and their value depends on the closeness and nature of each family relationship.
How these damages are valued
Economic damages are calculated with documentation and expert analysis — wage records, an economist’s projections of lost support, and the cost of lost services. Non-economic damages like loss of companionship can’t be reduced to a formula; their value reflects the relationship and the impact of the loss on each surviving family member, and a skilled attorney helps convey that fully and respectfully. The overall value also connects to the strength of the liability case — see how value is built in our guide to what a case is worth.
Factors that affect the amount
Several factors influence a wrongful death recovery: the deceased’s age, earning capacity, and the number of dependents; the degree of the deceased’s conscious suffering; the closeness of family relationships; and the clarity of the trucking company’s fault. Because commercial trucks carry substantial insurance and truck crashes are so severe, fatal truck cases are among the highest-value claims — which is also why they’re defended so aggressively.
Michigan No-Fault survivor’s loss benefits
Separately from the wrongful death claim, Michigan’s No-Fault system may provide survivor’s loss benefits to certain dependents — replacing support and services the deceased would have provided, subject to limits. These are in addition to the liability claim against the at-fault parties. A lawyer coordinates both so the family receives everything they’re entitled to.
How the recovery is distributed
Any settlement or award is distributed among the eligible surviving family members under Michigan law, sometimes with probate court approval, based on each person’s relationship and loss. We explain who is eligible in our guide to who can file a wrongful death claim.
The process
Most wrongful death claims resolve through settlement, though an experienced attorney prepares every case for trial. The process is handled with sensitivity to what the family is going through, while pursuing full accountability from the trucking company. Return to our main wrongful death guide for the full overview.
Frequently asked questions
Can we recover for our emotional loss, not just money? Yes — loss of society and companionship is a recognized, central part of a Michigan wrongful death claim.
Who decides how much the companionship loss is worth? Ultimately a jury, or the parties in settlement, guided by the evidence of the relationship.
Are wrongful death recoveries taxed? Personal-injury and wrongful death compensatory damages are often treated favorably for tax purposes, but you should consult a tax professional about your situation.
Talk to a Michigan truck accident lawyer
We’ll help your family understand what you may be entitled to recover, with compassion and no pressure. The call is free, the consultation is confidential, and you pay nothing unless we win. Call 1-800-TRUCK-CRASH or request a free case review.
This article is general information about Michigan law, not legal advice for your specific situation. Consult a licensed Michigan attorney about your family’s circumstances.