Losing a family member or loved one is an emotionally devastating experience. However, the pain intensifies if a preventable death happens due to someone else's negligence or intentional actions.
In such tragic situations, Michigan law provides an avenue for justice through wrongful death claims. Those who have lost a loved one in these circumstances should understand several vital aspects of Michigan wrongful death claims in Michigan and their legal rights so they can seek compensation for their losses.
But during this immense grief, taking on this task can be quite a burden.
The compassionate and skilled Flint wrongful death lawyers from Michigan Injury Law are here for you. For over a decade, our firm has helped personal injury victims and their families recover the compensation they deserve for their profound losses. We can help you do the same.
- Why Choose Michigan Injury Lawyers
- Wrongful Death Compensation
- Where Do Wrongful Death Accidents Occur in Lansing, Michigan
- Wrongful Death Claims: What You Need to Know
- Fighting the Insurance Company
- What to Do After a Wrongful Death Accident
- Do You Have a Wrongful Death Claim? Contact Michigan Injury Lawyers Today
Why Choose Michigan Injury Lawyers
At Michigan Injury Lawyers, it's our mission to provide comprehensive representation that emphasizes personal attention.
With experienced lawyers across the state, we can:
- Help you understand and exercise your legal rights
- Help you understand Michigan's wrongful death laws and how they impact your claim
- Investigate your claim
- Establish negligence
- Craft a strong case
- Obtain justice for your family and deceased loved one
Founded in 2008 by attorney Thomas Stroble, our firm has a lengthy and successful history of using Michigan laws to support those injured by someone else's negligence or intentional acts. We can be the voice of compassion and experience that helps you obtain justice and get your life back after losing a loved one.
Our Flint wrongful death attorneys serve clients throughout Michigan, including residents of:
- Bloomfield Hills
- Mount Clemens
- Detroit
- Ann Arbor
- Lansing
- Sterling Heights
- Troy
Wrongful Death Compensation
The value of a wrongful death claim can vary widely depending on:
- The age, earning capacity, and financial circumstances of the deceased person
- The extent of financial dependency the surviving family members had on the deceased
- The circumstances surrounding the wrongful death incident and the level of negligence or misconduct involved
- The strength of the evidence and arguments presented by the plaintiff and their legal representation
- The experience and negotiation skills of the wrongful death attorney advocating on behalf of the surviving family members
- The insurance policies and amounts of coverage available in the claim
When filing a wrongful death claim in Michigan, you can seek different types of compensation. While every case is unique, the following are some common categories of compensation:
Economic Damages
Economic damages aim to reimburse the surviving family members for the financial losses incurred due to the wrongful death.
They may include:
- Medical expenses: The medical costs incurred before the death, including hospital bills, medication expenses, and rehabilitation fees.
- Funeral and burial expenses: The costs of funeral, burial, or cremation services can be part of the claim.
- Loss of income: If the deceased person was the primary earner, the claim may seek compensation for the loss of financial support and future earnings that they should have contributed to the family.
- Loss of benefits: This covers the value of lost benefits, such as pension plans, healthcare coverage, and other employment-related perks.
Non-Economic Damages
Non-economic damages aim to compensate the surviving family members for intangible losses you can't easily quantify.
These may include:
- Pain and suffering: Compensation for the physical and emotional pain endured by the deceased person before their death.
- Loss of companionship: Surviving spouses may deserve compensation for the loss of companionship, love, and emotional support they experienced due to the death of their partner.
- Loss of consortium: Refers to the loss of the relationship, affection, and intimate companionship between the deceased person and their spouse.
- Emotional distress: Compensation can be for the psychological impact and emotional suffering the wrongful death caused.
Punitive Damages
In rare cases involving extreme negligence or intentional misconduct, a judge or jury can award punitive damages if the case goes to court. These damages punish the responsible party and deter similar behavior. Check with our Lansing wrongful death attorneys to determine if they apply to your wrongful death claim.
Where Do Wrongful Death Accidents Occur in Lansing, Michigan
Wrongful death claims can arise from any accident or incident that negligently, carelessly, or intentionally caused someone's death.
For example, the following may lead to a wrongful death claim:
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle or scooter accidents
- Boating accidents
- Aviation accidents
- Intentional acts of violence
- Animal attacks
- Slip and falls
- Workplace accidents
- ATV accidents
Most wrongful death claims in Lansing arise from motor vehicle accidents involving trucks, passenger vehicles, and motorcycles.
Lansing's most dangerous intersections and roads for these types of accidents include:
- Grand River Avenue and Hagadorn Road in East Lansing
- Grand River Avenue and Howard Street in Lansing
- Coolidge Road and Lake Lansing Road in East Lansing
- Saginaw Street and Homer Street in Lansing
- Martin Luther King Jr. Boulevard and Holmes Road in Lansing
- Martin Luther King Jr. Boulevard and Main Street in Lansing
- Grand River Avenue and Clippert Street in Lansing
- Grand River Avenue and U.S. 127 in Lansing
- Abbot Road and Saginaw Street in East Lansing
- Martin Luther King Jr. Boulevard and Saint Joseph Street in Lansing
Wrongful Death Claims: What You Need to Know
In Michigan, a wrongful death claim arises when another party's negligence, recklessness, or intentional misconduct causes a person's death. This legal action allows surviving family members or the personal representative of the deceased person's estate to pursue compensation for the damages resulting from the death, including any medical bills they incurred before their death.
Additionally, under Michigan law, if a pregnant woman is subject to a wrongful or negligent act and it causes her to suffer a miscarriage, it's also considered a wrongful death.
Who Can File a Wrongful Death Claim?
Michigan law specifies that the personal representative of the deceased person's estate must bring a wrongful death claim. The estate has appointed no representative, the court may appoint one.
The personal representative acts on behalf of the surviving family members, such as the spouse, children, parents, or other dependents who may have suffered financial or emotional losses due to the death. A personal representative filing a wrongful death claim must send a written notice to family members entitled to damages within 30 days of filing the lawsuit.
Statute of Limitations
When filing a wrongful death claim in Michigan, you must know the statute of limitations. Generally, you must file the claim within three years of the deceased person's death date.
Failing to meet this deadline may result in the claim being time-barred by the court. However, it's advisable to consult with a knowledgeable Flint wrongful death attorney as soon as possible, as certain circumstances may affect the time limit.
Proving Wrongful Death Liability
To succeed in a wrongful death claim, you or your attorney must establish these elements of negligence:
- Duty of care: The at-fault party owed a duty of care to the deceased person. For example, in a car accident case, all drivers have a duty to follow traffic laws and drive safely.
- Breach of duty: The at-fault party breached their duty of care through negligence, recklessness, or intentional misconduct.
- Causation: Reliable evidence must establish a direct causal link between the at-fault party's breach of duty and the deceased individual's death.
- Damages: The person bringing the lawsuit must have suffered losses due to the wrongful death. These may include funeral expenses, medical bills, loss of income, loss of companionship, and emotional distress.
Fighting the Insurance Company
When pursuing a wrongful death claim, one of the significant challenges you may face is dealing with insurance companies. While insurance should provide financial protection, insurance companies often prioritize their bottom line over offering fair compensation to claimants.
Insurance companies are profit-driven entities that aim to minimize payouts and protect their financial interests. Their adjusters and legal representatives want to settle the claim for as little as possible.
Engaging the services of a skilled Lansing wrongful death attorney is in your best interest when dealing with insurance companies. Your lawyer can help assess the economic and non-economic losses, including medical expenses, funeral costs, loss of income, emotional distress, and loss of companionship.
They will have the knowledge and experience to navigate the complex legalities and negotiate with insurance representatives on your behalf. They will protect your rights and fight for fair compensation.
What to Do After a Wrongful Death Accident
You may feel overwhelmed and confused if you have recently lost a family member. Figuring out your next steps may seem impossible, but they are still important. Wrongful death claims differ from other personal injury claims as the person directly impacted is no longer here to represent themselves.
Contact a Qualified Lansing Wrongful Death Attorney
Those who think they might have a valid wrongful death claim in the aftermath of a loved one's death should waste no time contacting a qualified Lansing wrongful death attorney.
They will guide you through the legal process, evaluate your case, and provide valuable advice regarding your rights and options. An attorney can also help protect your interests and ensure you meet all necessary deadlines for filing a wrongful death claim in Michigan.
Determine the Deceased's Personal Representative
Your attorney can also help you identify or appoint a personal representative of the deceased's estate. This representative will act on behalf of the surviving family members and manage the legal aspects of the wrongful death claim. If the deceased had a will, it may designate a personal representative. If not, the court can appoint one.
Gather Documentation and Evidence
Gathering all relevant documentation related to the accident and the deceased person's death is crucial.
This may include:
- Relevant medical records
- Police report or accident reports
- Witness statement
- Documentation of funeral expenses
- Any other evidence that supports your claim
You should organize these documents and provide copies to your attorney for review and analysis. These documents will help establish the four elements of negligence in the wrongful death claim.
Don't Speak to Insurance Adjusters
While they may seem like they mean well, speaking to insurance adjusters about the claim is not a good idea.
Once you hire an attorney, they can take over all communication with the applicable insurance companies. Not only does this give you the time and space to grieve the loss of your loved one, but it also ensures you don't innocently say or do something that can hurt the wrongful death claim.
Do You Have a Wrongful Death Claim? Contact Michigan Injury Lawyers Today
Losing a loved one due to another person's negligence or intentional actions is a heartbreaking experience. In Michigan, wrongful death claims offer a means to pursue justice and seek compensation for the damages caused. By understanding the key aspects, you can empower yourself to secure the rightful compensation you and your family deserve.
Remember, seeking the guidance of a wrongful death attorney is crucial to ensure you protect your rights throughout the process. Navigating the legal complexities of a wrongful death claim can be overwhelming while grieving the loss of a loved one. Hiring an experienced Flint wrongful death lawyer can provide invaluable support during this challenging time.
At Michigan Injury Lawyers, we offer no-obligation case consultations to families or personal representatives who might have a wrongful death claim. Call our Flint personal injury lawyer today at (810) 922-2820.
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2525 S Telegraph Rd, Ste 100,
Bloomfield Hills, MI 48302
Telephone: (248) 454-0800
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