Farmington Hills Fatal Car Accident Lawyer

Losing someone you love in a car crash is devastating. Families struggling with grief suddenly face bills they can’t pay and legal questions they don’t know how to answer. Michigan law allows families to pursue compensation after a fatal accident, but the process can feel confusing and overwhelming.

The Farmington Hills fatal car accident lawyers at Sommers Schwartz, P.C., have more than 45 years of experience helping families pursue wrongful death claims. We handle the legal work so you can focus on supporting each other and rebuilding your lives.

Fatal Car Accident Numbers in Michigan

In 2024, there were 1,099 traffic fatalities on Michigan roadways, a slight increase from 1,095 deaths in 2023. Oakland County had 61 fatal accidents, resulting in 68 deaths. The deadliest time for accidents was between 3 p.m. and 5:59 p.m., when 174 fatalities occurred.

These fatal accidents occurred in many different ways. Head-on collisions caused by wrong-way drivers or vehicles crossing the center line accounted for a significant portion of deadly accidents. High-speed crashes on highways and collisions at intersections also resulted in fatalities.

In 2024, the top three contributing factors to fatal crashes in Michigan were speeding, failure to yield, and reckless driving. These risky driving behaviors were recorded in 172, 131, and 100 accidents, respectively. Driving under the influence of alcohol or drugs also contributes to many fatal accidents.

• Excessive speed. Higher speeds reduce the time drivers have to react to hazards on the road and increase the severity of crashes. Driving at high speed also increases the risk of a driver losing control of their vehicle.
• Reckless driving. Running red lights and stop signs, failing to yield, making aggressive lane changes, and other irresponsible driving behaviors contribute to many fatal accidents.
• Distracted driving. Using a smartphone or GPS, talking to a passenger, or adjusting the music can take a driver’s attention away from the road. Sending or reading a text message diverts your eyes from the road for an average of five seconds – about the time it takes to drive the length of a football field at 55 mph. Even brief moments of distraction can have devastating consequences. Deaths related to distracted driving rose 10 percent in Michigan from 59 in 2023 to 65 in 2024.
• Impaired driving. Alcohol and drugs significantly impair judgment, reaction time, and coordination. In 2024, about 27.3 percent of fatal crashes in Michigan involved alcohol, and 24.3 percent involved drugs. Oakland County had 13 fatal accidents involving alcohol.

Deadlines for Wrongful Death Claims in Oakland County

In most cases, families have three years from the date of their loved one’s death to bring a Michigan wrongful death claim. The three-year period begins on the date of death, not the date the accident occurred. This distinction matters in cases where the victim survives for days, weeks, or even months after the crash before succumbing to their injuries.

Michigan law has special provisions for estate representatives. If a person dies before the three-year deadline expires, or within 30 days after it, the estate may still file a wrongful death lawsuit within two years after the personal representative is legally authorized to act on the estate. However, the estate must commence any legal action within three years of the original filing deadline.

Several other factors can increase or decrease the time family members and estate representatives have to file a lawsuit. Families should act quickly to protect their rights. If the applicable deadline passes, they may no longer be able to recover compensation.

Filing a Wrongful Death Claim in Farmington Hills

Michigan’s Wrongful Death Act sets out the rules for families seeking compensation when a loved one dies due to someone else’s negligence. The law specifies who can file a claim, what they can recover, and how to distribute compensation among family members.

The property, personal assets, and debts of someone who dies (the “decedent”) are called their “estate.” If the decedent made a will, it likely names someone as the “personal representative” of their estate. If there is no will, the decedent’s survivors can ask the probate court to appoint someone to the position (often a spouse or adult child). The personal representative of the decedent’s estate can file a wrongful death lawsuit on the family’s behalf.

Even though the estate’s personal representative files the lawsuit, the compensation will go to the people most affected by the loss. That usually means a surviving spouse and children, though parents or siblings may qualify in some situations. Each family member must notify the personal representative of their losses. The representative will consider each claim when distributing any settlement or verdict.

How Does Michigan’s No-Fault Insurance Apply After a Fatal Crash?

Michigan has a “no-fault” system that applies to car accident claims. Under this framework, individuals generally can’t file a lawsuit unless they suffer severe injuries. Death automatically qualifies as a threshold injury under Michigan law. Families aren’t restricted by the no-fault system when filing a wrongful death claim and don’t have to pursue a claim with the decedent’s insurer. Instead, they can file a lawsuit directly against the at-fault driver, whose liability insurance will cover wrongful death damages.

However, the decedent’s own no-fault policy may provide survivor’s loss benefits. These benefits offer financial support to dependents for up to three years. You must notify the insurance company within one year of the accident to preserve access to these benefits.

Fatal accident cases often require simultaneously handling both a wrongful death lawsuit and a no-fault claim. A Farmington Hills fatal car accident lawyer can manage both processes, making sure your family doesn’t overlook any available compensation or miss critical deadlines.

What Can I Get for a Car Accident Involving a Death in Farmington Hills?

Michigan doesn’t put a limit, or “cap,” on the amount of compensation available in wrongful death cases arising from car accidents. The total value of a wrongful death claim depends on many factors, including the victim’s age, earning capacity, health, and relationships with surviving family members. The types of damages available may include:

• Medical, hospital, funeral, and burial expenses. The estate can recover costs for medical treatment the victim received before their death. It can also recover funeral and burial expenses. Many families feel the financial impact immediately, especially while still coming to terms with the loss of a loved one.
• The deceased’s pain and suffering. If the victim survived for any period after the accident, their estate may recover compensation for the physical pain and emotional suffering they endured.
• Loss of financial support, society, and companionship. These damages include the income and benefits the deceased would have provided to surviving family members. “Society” and “companionship” damages compensate survivors for their intangible losses, such as guidance, care, protection, and the emotional bonds that no one can replace.

How Sommers Schwartz Helps Families After a Fatal Car Accident

The attorneys at Sommers Schwartz, P.C., have represented families in wrongful death cases for over four decades. Our team has a deep understanding of the Michigan Wrongful Death Act and knows what it takes to build a strong case against negligent drivers.

Our law firm handles every aspect of the legal process, from opening the estate to dealing with insurance companies. We manage the details while keeping you informed and involved in major decisions, allowing you and your family to focus on healing.

Sommers Schwartz, P.C., works on a contingency fee basis. We will advance all the costs related to your case, including expert witnesses, investigations, and court proceedings. This means you pay nothing unless we recover compensation for your family.

Over the years, we’ve secured hundreds of millions of dollars for families in Farmington Hills and throughout Michigan. Insurance companies know our reputation for thorough preparation and aggressive advocacy. That often leads to fair settlement offers. When it doesn’t, we are prepared to go to trial.

Contact a Farmington Hills Fatal Car Accident Lawyer Today

Losing a loved one in a car accident changes everything. Financial pressures can mount quickly as you struggle to cope with an unimaginable loss. If your family has lost someone in a fatal car accident in Farmington Hills, contact Sommers Schwartz, P.C., today for a free consultation.

Our experienced wrongful death attorneys will listen to your story and help you understand your legal options. We can help you find the path forward during this difficult time. Call us at 800-783-0989 or complete our online form to schedule your consultation.