Bill Summary – FastDemocracy

HOUSE BILL NO. 6086
     November 13, 2024, Introduced by Rep. Rheingans 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 the death of a person, injuries
 resulting in death, or death as described in section 2922a shall be
 is caused by 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 to maintain an action and recover
 damages, the person who or the corporation that would have been
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 liable, if death had not ensued, shall be is liable to in an action
 for damages, notwithstanding the death of the person injured or
 death as described in section 2922a, and although the death was
 caused under circumstances that constitute a felony.
       (2) Every action under this section shall must be brought by,
 and in the name of, the personal representative of the estate of
 the deceased. 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:
       (a) The deceased's spouse, children, descendants, parents,
 grandparents, brothers and sisters, and, if none of these persons
 survive the deceased, then those persons to whom the estate of the
 deceased would pass under the laws of intestate succession
 determined as of the date of death of the deceased.
       (b) The children of the deceased's spouse.
       (c) Those persons who are devisees under the will of the
 deceased, except those whose relationship with the decedent
 violated Michigan law, 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 if there is a
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 devise to that trust in the will of the deceased.
       (4) The notice required in subsection (2) shall must contain
 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 recovery of damages and could bar his
 or her right to any claim at a hearing to distribute proceeds.
       (c) A statement that he or she 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 will bar 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 when an action for those damages is pending, a
 motion is filed in the court where the action is pending by the
 personal representative asking leave of the court to settle the
 claim, the court shall, with or without notice, conduct a hearing
 and approve or reject the proposed settlement.
       (6) In every action under this section, the court or jury may
 award past and future damages as the court or jury shall consider
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 considers fair and equitable , under all the circumstances,
 including, but not limited to, 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 during the period intervening
 between the time of the injury and death; and damages for the any
 loss of financial support and of the persons listed in subsection
 (3); damages for the loss of the society and companionship of the
 deceased; damages for the deceased's lost earning capacity and, if
 the deceased was an unemancipated minor, damages for loss of
 earning capacity the deceased would have sustained after reaching
 the age of 14; and damages for the loss of the deceased's household
 services.
       (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
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 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 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 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 must be distributed as provided in the special verdict.
       (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 must be entered in accordance with the
 stipulation or agreement.
       (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
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 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 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 this subsection.
       (10) (9) If a claim under this section is to be settled and a
 civil action for wrongful death 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 apply to the distribution of the proceeds.
       Enacting section 1. The amendments to section 2922 of the
 revised judicature act of 1961, 1961 PA 236, MCL 600.2922, as made
 by this amendatory act, are curative, to correct the holding of
 Daher v Prime Healthcare Services-Garden City, LLC, ___ Mich ___
 (2024)(Docket No. 165377).
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Statutes affected: 
House Introduced Bill: 600.2922