Michigan Supreme Court Releases Opinion About Damages Under the Wrongful Death Act

The Michigan Supreme Court recently released an important opinion in Daher v Prime Healthcare Services-Garden City, LLC, regarding a Plaintiff’s entitlement to certain damages under Wrongful Death Act, and specifically overruled a previous ruling by the Michigan Court of Appeals in Denney v Kent Co Rd Commission.

In Denney and its progeny, the Michigan Court of Appeals held that the Wrongful Death Act permits damages for the entirety of a decedent's lost future earnings or earnings capacity. In other words, since 2016 it has been the law in Michigan that a decedent’s estate may recover damages for the decedent's lost future earnings or earnings capacity, which significantly raised the value of wrongful death cases. Under Daher, the Supreme Court has specifically held that damages for lost earning capacity are not available under the Wrongful Death Act.

This is a significant development that will impact many pending cases in Michigan. If you have any questions on the impact this new ruling may have, please contact one of Cline, Cline & Griffin’s medical malpractice attorneys.