Bill Text: MI HB5206 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 5206 (Prior Session Legislation)

Introduced

Bill Title: Torts; wrongful death; eligible claimant in a wrongful death action; expand to include children of a predeceased spouse. Amends sec. 2922 of 1961 PA 236 (MCL 600.2922).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-11-07 - Bill Electronically Reproduced 11/07/2019 [HB5206 Detail]

Download: Michigan-2019-HB5206-Introduced.html

HOUSE BILL NO. 5206

November 06, 2019, Introduced by Rep. Lilly and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2922 (MCL 600.2922), as amended by 2005 PA 270.

the people of the state of michigan enact:

Sec. 2922. (1) Whenever If the death of a person, an individual, injuries resulting in death, or death as described in section 2922a shall be is caused by the wrongful act, neglect, or fault of another , and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured individual to maintain an action and recover damages, the person, who or the corporation including, but not limited to, any legal entity, that would have been liable , if death had not ensued , shall be is liable to in an action for damages, notwithstanding the death of the person injured individual or death as described in section 2922a, and although even though the death was caused under circumstances that constitute a felony.

(2) Every An action under this section shall must be brought by , and in the name of , the personal representative of the estate of the deceased. decedent. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in subsection (4) upon on the person or persons who may be entitled to damages under subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.

(3) Subject to sections 2802 to 2805 of the estates and protected individuals code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this section shall be are limited to any of the following who suffer damages and survive the deceased:decedent:

(a) The deceased's decedent's spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then decedent, those persons to whom the estate of the deceased decedent would pass under the laws of intestate succession determined as of the date of death of the deceased.decedent.

(b) The children of the deceased's decedent's spouse. As used in this subdivision, "decedent's spouse" includes a spouse who survives the decedent and a predeceased spouse of the decedent who was married to the decedent at the time of the spouse's death, but does not include an individual from whom the decedent was divorced at the time of the decedent's death.

(c) Those persons who are devisees under the will of the deceased, decedent, except those whose relationship with the decedent violated Michigan the law of this state, including beneficiaries of a trust under the will, those persons who are designated in the will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased decedent if there is a devise to that trust in the will of the deceased.decedent.

(4) The notice required in under subsection (2) shall must contain all of the following:

(a) The name and address of the personal representative and the personal representative's attorney.

(b) A statement that the attorney for the personal representative shall must be advised within 60 days after the mailing of the notice of any material fact that may constitute evidence of any claim for damages and that failure to do so may adversely affect his or her the recovery of damages by the person who may be entitled to damages and could bar his or her the person's right to any claim at a hearing to distribute proceeds.

(c) A statement that he or she the person who may be entitled to damages will be notified of a hearing to determine the distribution of the proceeds after the adjudication or settlement of the claim for damages.

(d) A statement that to recover damages under this section the person who may be entitled to damages must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6) (7) and that failure to present a claim for damages within the time provided shall bar bars the person from making a claim to any of the proceeds.

(5) If , for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative in an action under this section files a motion asking leave of the court to settle the claim for damages for wrongful death, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.

(6) In every an action under this section, the court or jury may award damages as the court or jury shall consider considers fair and equitable, under all the circumstances, including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased decedent during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased.decedent.

(7) The proceeds of a settlement or judgment in an action for damages for wrongful death shall must be distributed as follows:

(a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon On the filing of the motion, the court shall order a hearing.

(b) Unless waived, notice of the hearing shall must be served upon on all persons who may be entitled to damages under subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.

(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall must be first appointed, and the notice provided in subdivision (b) shall must be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.

(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.

(d) (e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered enter an order in accordance with the stipulation or agreement.

(e) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds must not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) who suffered damages and to the estate of the decedent for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the decedent. If there is a special verdict by a jury in the wrongful death action, damages must be distributed as provided in the special verdict.

(8) (7) A person who may be entitled to damages under this section must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6). (7). The failure to present a claim for damages within the time provided shall bar bars the person from making a claim to any of the proceeds.

(9) (8) A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The At a hearing to distribute proceeds, the court may bar a person's right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in required by this subsection.

(10) (9) If a claim under this section for damages for wrongful death is to be settled and a civil an action for wrongful death under this section is not pending, under this section, the procedures prescribed in section 3924 of the estates and protected individuals code, 1998 PA 386, MCL 700.3924, shall be applicable applies to the settlement and distribution of the proceeds.