Frequently Asked Questions

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

Generally, three years from the date of death under MCL 600.5805. Medical malpractice deaths usually run on a two-year deadline, and no-fault PIP benefits have their own one-year deadline. Because more than one clock can apply, confirm your dates with an attorney quickly.

Who is the personal representative and do we need one to sue?

Yes. Only the personal representative of the estate can file a Michigan wrongful death claim. The Genesee County Probate Court appoints this person, who is often a surviving spouse or adult child but does not have to be.

Does a criminal case have to end before we can file a civil wrongful death case?

No. The criminal and civil cases proceed separately. A criminal conviction can help your civil claim, but it is not required, and your filing deadlines keep running while any criminal matter is pending.

How is a wrongful death settlement divided among family members in Michigan?

It is not an automatic equal split. The court apportions the recovery based on each beneficiary’s relationship to the deceased and the actual losses they suffered, after notice to everyone entitled to share.

Do you serve Flint families if your main office is in Livonia?

Yes. Cochran, Kroll & Associates has a Flint office in addition to the Livonia office, and we offer home and hospital visits anywhere in Michigan for families who cannot come to us.