- February 27, 2024
- Personal Injury
- Wrongful Death
When you lose a loved one as the result of a negligent act in Michigan, you may be eligible to file a wrongful death claim. A successful claim means you can receive compensation, including money for the deceased’s burial and funeral expenses. However, not everyone can file a wrongful death.
To be eligible to file a wrongful death claim, you must meet specific criteria listed under Michigan law, and we have discussed what they are in this blog. If you lose a loved one to a negligent action, our Michigan wrongful death lawyers at Goodman Acker, P.C., can help you seek compensation. Contact us at 248-286-8100 to book a free case review.
Why choose our wrongful death lawyers to represent you?
Losing a loved one is a devastating event, and when it happens due to the negligence of another person, it can feel worse. We understand the hurt loved ones feel when they lose a relative. Therefore, we provide a compassionate but aggressive representation when handling wrongful death claims.
We apply all our legal arsenal and resources to handle every case and work tirelessly to secure a favorable outcome. In the decades we have existed, we have secured millions of dollars in settlements and verdicts for our clients. Also, our lawyers understand the provisions of Michigan’s wrongful death laws and legal system and will bring this knowledge to bear on your case.
We work on a contingency fee basis, meaning you only have to pay us when we win your case. So, don’t hesitate to get legal representation. Call us at 248-286-8100 to learn more about our services and how we can help you.
What is wrongful death under Michigan Law?
Under Michigan Compiled Laws Section 600.2922, a wrongful death is defined as a death caused by a "wrongful act, neglect, or fault of another" that would have allowed the person to file a personal injury lawsuit had he or she lived. This means a wrongful death claim can arise when a person dies due to the legal fault of another person or entity, including:
- A negligence-based incident, like a car accident
- Medical malpractice, or
- An intentional act.
A wrongful death lawsuit is a civil action different from a criminal homicide case. The person responsible for a wrongful death does not face jail time but is asked to compensate the relatives of the deceased financially. Also, in wrongful death cases, the at-fault person’s liability does not need to be established beyond a reasonable doubt.
Instead, the plaintiff in a wrongful death lawsuit establishes liability on a preponderance of the evidence. Also, you must prove the four elements of negligence, namely that the at-fault party (defendant) owed the deceased a duty of care, breached the obligation, caused the accident or event that killed the decedent, and, as a result, you suffered damages.
Who can file a wrongful death lawsuit under Michigan law?
Michigan law clearly states who can file a wrongful death claim, and they include the following:
- Immediate family members, including spouses, children, parents, siblings, or grandparents. In some cases, more distant family members, such as aunts and uncles, can file a wrongful death claim.
- If the deceased person left a will, anyone named as an heir to the decedent’s estate might be able to file a wrongful death lawsuit.
- A personal representative of the decedent’s estate.
Before any party can file any claim, one family member must be named as the personal representative for the decedent’s estate. In general, the family decides who takes on this role. This representative will work with your attorney throughout the wrongful death case.
What damages can you recover in a wrongful death case?
A successful wrongful death claim means you can recover economic and non-economic damages. Economic damages compensate you for the financial losses suffered because of the deceased’s death, while non-economic damages are for the emotional impact of the decedent’s death.
To this end, you may be able to collect the following compensation:
- Medical expenses
- Loss of income
- Loss of financial support
- Funeral and burial expenses
- Pain and suffering endured by the deceased before they died
- Loss of consortium
- Loss of care and companionship.
There is no universal cap on the economic and non-economic damages you can receive under Michigan law. Also, the amount you can recover depends on several factors. These include the following:
- How the accident or event that caused the death occurred
- Whether the deceased suffered pain before dying
- How the loss of the decedent impacted their surviving family members
- Whether the victim’s death resulted in financial hardship for the survivors, primarily due to loss of earnings
- The amount of medical expenses incurred before death
- How much of your loss will be covered by insurance.
Depending on your case facts, other factors might apply. When you retain our services at Goodman Acker, P.C., our attorneys will carefully assess your case and give you an honest estimate of how much your wrongful death claim is worth. However, note that if the victim contributed to the event that led to their death in any way, Michigan’s comparative negligence law will come into play, affecting how much you can receive as final compensation.
Finally, wrongful death claims are time-sensitive and must be filed within the time stipulated by the law. You have three years from the day the deceased died to commence a wrongful death lawsuit. While three years might seem like a long time, it passes quickly, and once it does, the court will not hear your case. Therefore, we strongly recommend that you act immediately to ensure you meet the deadline.
Contact Goodman Acker, P.C. today for a free consultation!
You should not be saddled with unpaid medical bills or worry about burial and funeral expenses when dealing with the loss of a loved one. Michigan law allows you to seek compensation through a wrongful death lawsuit. Our wrongful death lawyers at Goodman Acker, P.C., are here to help you.
From negotiating with insurance companies to handling pre-trial procedures and trials, we will be with you every step of the way. We know the difficulty in dealing with a loved one’s death and handling a lawsuit, so we will take the burden off you while you focus on recovering from the loss of your loved one.
Call us at 248-286-8100 to book a free case evaluation.