If your loved one was fatally injured in a preventable accident, you need to know your legal options. You and your family may qualify for compensation that could be vital to protecting your future. While there is no set average payout for these cases, a wrongful death lawyer in Michigan can help you understand wrongful death settlements and pursue recoverable damages.
Wrongful Death Settlements Depend on Many Factors
It is difficult to give an average figure for settlements and verdicts in wrongful death cases. Each case is unique, but some of the important factors in every case include:
- The impact of the deceased passing on their loved ones, both emotional and financial
- The extent of medical expenses the deceased may have had before their death
- The degree of negligence from the at-fault party
- The degree of suffering the deceased may have undergone before passing away
Money cannot make up for the loss of a loved one. However, a wrongful death settlement will prevent your family member’s accident from causing you financial hardship in addition to your grief. It will also give you the resources you need to protect your future.
Damages in a Wrongful Death Settlement or Verdict
Wrongful death damages can include expenses incurred by your loved one’s estate and losses suffered by the deceased’s qualifying survivors. In general, a Michigan wrongful death lawyer with our law firm will pursue compensation for the following:
- Medical expenses – You can recover the cost of medical treatments your loved one required from the time of their injury until their death. Medical damages may include emergency transportation and treatment, surgeries, hospitalizations, medical equipment, nursing, and any other necessary healthcare.
- Lost income – Lost income includes your loved one’s wages from the time of injury until death and compensation for financial support they would have provided had they lived.
- Funeral and burial costs – Memorials, caskets, headstones, and plots can be expensive. You can recover these costs.
- Intangible benefits – You can receive compensation for the loss of your loved one’s services, support, care, companionship, and guidance. Surviving spouses can also seek loss of consortium.
- Pain and suffering – These damages may include your loved one’s conscious pain and suffering, as well as survivors’ pain and suffering.
Accidents That May Lead to a Wrongful Death Claim
If someone else’s negligent actions caused your loved one’s fatal injury, you can hold them financially liable for their wrongful death. Incidents that may lead to a wrongful death claim include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability accidents
- Slip and fall accidents
- Dog bites
- Boat accidents
Liability for a wrongful death will rest with the party whose negligent actions led to your loved one’s fatal accident. Someone is negligent when their behavior falls outside what most others consider reasonable or necessary.
Specific examples of negligence will vary from case to case. For instance, in a motor vehicle accident, negligence would include driving errors and dangerous driving behaviors like speeding, running a red light, texting and driving, drinking and driving, or making an improper turn. In a slip and fall accident, negligence would include failing to repair broken or cracked flooring.
What Are Your Legal Options?
Depending on the type of accident involved in your case, you may have to follow specific insurance processes to seek damages.
For example, if your loved one sustained a fatal injury in a motor vehicle accident, you can seek compensation for their medical bills and funeral and burial expenses (up to the policy limit) with a claim against their first-party No-Fault insurance. You can also seek additional damages from the driver who caused the collision with a claim against their auto liability insurance.
If there is no insurance coverage available in your case or the insurance company refuses to offer you fair compensation, you can pursue damages in civil court with a wrongful death lawsuit.
Who Can File a Wrongful Death Case in Michigan?
According to Mich. Comp. Laws Ann. § 600.2922, the deceased’s personal representative must file wrongful death claims. The law outlines who can benefit from compensation obtained through a wrongful death action. Qualifying survivors include the deceased’s:
- Spouse
- Children, including stepchildren and adopted children
- Grandchildren and other descendants
- Parents
- Grandparents
- Siblings
- Anyone else entitled to inherit under the state’s inheritance laws
- Beneficiaries named in the deceased’s will
All those eligible can pursue a claim through the personal representative, but a jury can decide who can receive compensation and how much.
How Long Do You Have to Take Action?
Mich. Comp. Laws Ann. § 600.5805 establishes a three-year statute of limitations for filing a wrongful death lawsuit. The clock typically starts on the day of your loved one’s death.
Understanding this deadline is important because the court will likely bar you from taking legal action if it passes. If you cannot sue, you lose your leverage over the insurance company, so it will affect your claim, even if you expect to settle outside of court.
Should You Hire a Wrongful Death Lawyer?
Hiring a wrongful death lawyer will relieve your legal burden, allowing you to focus your time and energy on mourning and learning to navigate life without your loved one. An attorney from our firm will do the following to build your case and get justice for your family:
- Investigate your loved one’s fatal accident and gather case evidence
- Identify liable parties and prove their negligence caused your loved one’s injury
- Identify the recoverable damages
- File insurance claims
- Communicate with the parties involved on your behalf
- Aggressively negotiate for the maximum settlement possible and help you avoid lowball offers
- Shield you from pressure to settle and bad-faith insurance tactics
- Prepare your case for civil court, file a lawsuit, and represent you at trial if necessary
Contact Christensen Law for a Free Consultation
Christensen Law’s wrongful death lawyers in Michigan will help you explore your legal options if your loved one suffered a fatal injury. We have fought for accident victims and their families since 1991. We understand what it takes to get a full and fair wrongful death settlement and will put our firm’s experience and resources to work for you. We have record-setting case results and will not back down until you get justice.
Contact us online or call 24/7 to connect with our Michigan personal injury attorneys. We take cases contingently, so you owe us nothing upfront or out of pocket. We do not collect attorney fees unless and until we obtain compensation.
