Losing a family member and close loved one is one of the most traumatic experiences a person must cope with. This is even more true if the loved one died in a preventable accident. If you lost a loved one because of another person or entity's negligent, intentional, reckless, or wrongful act, you may pursue a claim or lawsuit for wrongful death damages.
Although money can never replace your deceased family member, it can bring about a sense of closure and justice for yourself and other surviving family members.
If you are thinking about pursuing a wrongful death claim or lawsuit, you need an experienced team of attorneys in your corner aggressively advocating for your legal interests.
The skilled and compassionate Petoskey wrongful death lawyers at Michigan Injury Lawyers can file your claim with the proper insurance company and, if necessary, file a wrongful death lawsuit and litigate your case through the state court system.
Our attorneys can handle the legal aspects of your claim while you and your family members grieve the loss of your loved one. We will do everything possible to secure the compensation you need to feel a sense of justice and retribution.
For a free case evaluation and legal consultation with a skilled Petoskey wrongful death lawyer, please reach out today. Our compassionate team is ready to hear your story and assess your legal options.
- Why Choose Us for Your Legal Needs?
- What Is a Wrongful Death Claim Worth in Petoskey?
- Where Do Fatal Accidents and Injuries Occur in Petoskey?
- What Are Some Common Occurrences That Lead to a Wrongful Death Claim?
- How Do You Successfully Prove a Wrongful Death Claim?
- Fighting the Insurance Company During a Wrongful Death Claim or Lawsuit
- Steps to Take After Losing a Loved One
- Speak with an Experienced and Compassionate Petoskey Wrongful Death Lawyer Today
Why Choose Us for Your Legal Needs?
When pursuing a wrongful death compensation claim or lawsuit, you want the best possible legal team in your corner, fighting aggressively for your legal rights and interests.
Look no further than the experienced and compassionate Petoskey wrongful death attorneys at Michigan Injury Lawyers.
Our legal team knows and understands the deep sense of loss that comes with losing a family member in a preventable accident. We can represent you aggressively throughout every step of the insurance claim filing and negotiation process. In addition, our lawyers are not afraid to file a wrongful death lawsuit in the court system and pursue litigation compensation in your case.
If you recently lost a loved one due to someone else's wrongful act, let us secure the monetary damages you need and deserve.
What Is a Wrongful Death Claim Worth in Petoskey?
The monetary compensation a wrongful death claimant may be eligible to recover in Petoskey depends on the specific circumstances surrounding the occurrence, the type of incident that led to the deceased individual's untimely death, the amount of pre-death pain and suffering the victim endured, and other related factors.
First, a wrongful death claimant may recover funeral and burial expenses associated with their loved one's untimely death. They can also recover compensation for the pain and suffering the deceased individual experienced before their untimely passing.
If the wrongful death claimant and other family members relied upon the deceased individual's income for financial support, they may receive monetary damages for those anticipated earnings.
Additionally, a wrongful death claimant can pursue monetary compensation for the loss of the deceased individual's comfort, care, and companionship, among other monetary damages.
Our experienced legal team can review your circumstances and determine the likely types and amount of monetary damages you can recover in your wrongful death claim or lawsuit. We can then take the necessary legal action to pursue the full monetary award you deserve to recover.
Where Do Fatal Accidents and Injuries Occur in Petoskey?
Many different types of fatal occurrences that result from others' wrongful acts may occur in Petoskey. A car accident is one of the most common accidents that leads to fatal injuries, especially head-on collisions.
Fatal car accidents can occur anywhere, but they are especially common on busy highways with more traffic. These highways include U.S. Route 31 (the Petoskey Bypass).
Additionally, fatalities may occur in a premises accident at a local bar, restaurant, store, or private residence. Fatal injuries are especially common in slip and fall accidents where someone strikes their head on the ground. Fatal injuries may also occur on construction sites, especially where individuals must work around dangerous and heavy equipment every day.
If your loved one suffered fatal injuries in an accident in one of these locations, speak with legal counsel immediately to explore your legal options. Our team can investigate your loved one's fatal accident and advise you of your legal options. We can file a wrongful death claim or lawsuit and aggressively pursue the monetary recovery you need and deserve.
What Are Some Common Occurrences That Lead to a Wrongful Death Claim?
Many occurrences resulting from others' wrongful acts can lead to fatal injuries.
Some of the most common of these occurrences include:
- Motor vehicle accidents, including bicycle, motorcycle, and pedestrian accidents, where another driver violates one or more traffic laws or operates their vehicle in a reckless, distracted, or intoxicated manner under the circumstances
- Slip and falls and other premises accidents, where a property owner fails to correct a known hazardous condition on the premises or warn about that condition within a reasonable amount of time, leading to a fatal injury
- Medical negligence and malpractice, where a healthcare provider makes a serious mistake and deviates from the standard of care
- Swimming pool accidents, where a swimming pool owner fails to have a sufficient number of lifeguards on duty at a given time or otherwise fails to maintain the pool or surrounding area in a reasonably safe condition
- Boating accidents, where a boat owner fails to maintain their boat or ship in a reasonably safe condition, fails to repair or warn about defects within a reasonable period or operates their boat in an unsafe or negligent manner, such as by operating a boat while intoxicated
- Construction site accidents, when a construction foreman or other individual fails to properly supervise workers, maintain the construction site, or reasonably maintain construction equipment, leading to a fatal accident.
If your loved one suffered fatal injuries in one of these occurrences, you may recover wrongful death compensation. Our team can investigate your loved one's fatal accident and advise you on your potential legal options for moving forward with a wrongful death claim or lawsuit.
How Do You Successfully Prove a Wrongful Death Claim?
Several individuals may bring a wrongful death claim or lawsuit seeking compensation. Those individuals include parents, spouses, children, siblings, grandchildren, or grandparents. Sometimes, aunts, uncles, or other distant relatives may also be eligible to file a wrongful death lawsuit if there are no closer relatives.
In any wrongful death claim, the wrongful death claimant, not the at-fault person or entity, must satisfy their legal burden of proof:
- The wrongful death claimant must establish that the negligent owed their deceased loved one a legal duty of care, which they subsequently violated. For example, in a wrongful death claim that arises from a slip-and-fall accident, the claimant must demonstrate that the property owner failed to maintain their premises in a reasonably safe condition, such as by failing to clean up a spill or repair a defect within a reasonable amount of time, despite knowing about the defect.
- They have to demonstrate that the fatal accident occurred due to this breach.
- They must show that their loved one's death directly resulted from the subject accident.
Proving these legal elements can be extremely difficult in some situations. When necessary, our legal team can retain an accident reconstructionist who can make a final determination about how the fatal accident occurred. For example, an accident reconstructionist can review video footage of the occurrence, speak with witnesses, visit the scene of the occurrence, and draft a report about their conclusions.
They can also testify at a deposition or trial if your wrongful death case goes to litigation. Our legal team can retain the necessary experts to satisfy your legal burden of proof and recover the monetary award you deserve.
Fighting the Insurance Company During a Wrongful Death Claim or Lawsuit
In a wrongful death claim, the at-fault party's insurance company will not help you. Insurance companies have an incentive to offer as little monetary compensation as possible to resolve a wrongful death claim or lawsuit.
Insurance companies are big businesses and want to keep as much money as possible in-house. However, by paying out a large wrongful death settlement or jury verdict, they may lose a significant amount of money. Therefore, insurance companies and their adjusters routinely use any excuse in the book to try to deny liability for accidents and avoid paying out monetary compensation.
In the context of a wrongful death claim, the insurance company may allege that the deceased individual caused or contributed to the accident that ultimately led to their untimely death. They might also argue that the deceased individual's death did not result from the accident but rather from some other source, such as a pre-existing medical condition.
Our legal team understands the tactics and tricks that insurance companies regularly use to undervalue personal injury and wrongful death claims. We can fight the insurance company head-on and pursue the monetary recovery you deserve.
For example, we can retain a qualified expert to testify in your case, point out specific documentation, and argue for your right to favorable wrongful death compensation. In addition, we can inform the insurance company we plan to file a lawsuit if they refuse to offer you a fair monetary settlement in your case.
Steps to Take After Losing a Loved One
If you lost a loved one because of someone else's intentional, reckless, or negligent act, gather any documentation that you have, including a death certificate, medical records, incident report, police report, or other documents relevant to your case.
Remember to never speak with insurers before you have legal counsel. Insurance companies might contact you, wanting to discuss the accident and tragic aftermath.
Adjusters might seem sympathetic, but they are not. They might say they are on your side, but they are on the insurance company’s side. Never give any details or accept a settlement offer without the representation of our attorneys. You can trust we’ll be on your side.
Once we enter an appearance in your case, you can forward those documents to us, and we will assemble them into a settlement demand package for the insurance company adjuster to review. We can then recover the fair damages you and your family deserve.
Speak with an Experienced and Compassionate Petoskey Wrongful Death Lawyer Today
If you lost a loved one due to someone else's negligent or reckless act, the experienced and compassionate legal team at Michigan Injury Lawyers is here to advocate for you. While you and your family grieve for your lost loved one, we can handle all of the legal components of a wrongful death claim.
First, we can gather the necessary documents and evidence to file a claim on behalf of your deceased loved one. We can then assemble those documents into a settlement demand package, forward the demand package to the insurance company, and negotiate with insurance company representatives on your behalf.
Finally, if litigation becomes necessary in your wrongful death case, we can file a lawsuit on your behalf and pursue the full monetary recovery you deserve for the untimely loss of your loved one.
Petoskey Office Location
Michigan Injury Lawyers Office
314 Howard St.
Petoskey, MI 49770