The idea of taking legal action in the midst of your grief may feel impossible. However, the compensation you recover from a successful wrongful death claim could offset the financial losses that often come from a family member’s unexpected passing.
Understanding how a wrongful death lawsuit works in Michigan can help you make the best decision for you and the ones you love. An attorney from Christensen Law can explain the process to you in a free, private consultation. Call or contact us today to speak with a compassionate wrongful death lawyer.
How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit is a legal action brought by a deceased person’s estate against the party(s) responsible for that person’s death. It is meant to compensate certain surviving family members for the financial and emotional consequences of their loved one’s death. There are also survival actions, which account for damages the deceased may have tried to seek before their injuries caused their death.
When Is a Wrongful Death Claim Applicable?
A wrongful death claim is applicable whenever a person’s death (or injuries resulting in death) are due to another party’s wrongful act, neglect, or fault. To bring a Michigan wrongful death claim, you must show the deceased would have been entitled to file a claim on their own if they survived. A skilled attorney can collect the evidence needed to support your case.
Who Can File a Wrongful Death Lawsuit?
Under state law, a Michigan wrongful death claim must be brought by the personal representative, or executor, of the estate of the person who died. The personal representative must give notice of the wrongful death lawsuit to the people who may be entitled to compensation within 30 days of the claim’s filing.
Although the estate’s representative brings a wrongful death lawsuit, it is done to benefit the deceased’s survivors. These may include:
- Spouse
- Children
- Descendants
- Parents
- Grandparents
- Siblings
- Children of the deceased’s spouse
- Individuals who were listed as beneficiaries in the deceased person’s will
- If there are no survivors, to the individuals the estate would pass to under Michigan’s intestate succession laws
After the personal representative gives notice to potential beneficiaries, the beneficiaries must respond with their own claim on or before the day of a hearing that determines how the money will be distributed.
Note for Seeking Damages in a Wrongful Death Lawsuit
Additionally, anyone who believes they are entitled to compensation must notify the personal representative’s attorney of any evidence supporting their claim within 60 days of the wrongful death lawsuit’s filing. Failure to do so might prevent a person who would otherwise be entitled to compensation from receiving any money at all. Because wrongful death claims can hinge on small technicalities, it’s wise to get help from an attorney to learn your legal options.
A jury may rule on wrongful death lawsuits in Michigan. However, wrongful death settlements occur without a trial and must be approved by the court. After a settlement is approved or a jury verdict awards compensation, the estate’s personal representative will file a motion asking the court for permission to distribute the money.
How Do You Prove Wrongful Death in a Detroit Case?
In a Detroit wrongful death case, the burden is on you to provide proof of the other party’s negligence.
For example, if a loved one died from a fall in a nursing home, you would need to show how the facility’s staff or administrators somehow failed to prevent the fatal incident, such as through inadequate supervision or failure to maintain a safe walking environment.
If your family member died in a car crash, you would need to show that the other driver was negligent and caused the crash. There can be numerous other parties that are legally liable such as an employer, the owner of the vehicle, and sometimes even a bar if the driver was served liquor while visibly intoxicated.
Let Our Lawyers Determine Negligence in a Wrongful Death Case
Proving your case will mean fulfilling four elements of negligence:
- Duty: You must show the at-fault party had a duty to keep you reasonably safe. For example, a nursing home is responsible for caring for its residents.
- Breach: Next, you must prove the responsible party breached its duty. If a nursing home staff member left your relative unattended and your relative had a known risk of falling, you could argue that the facility failed in its obligation to take reasonable measures to prevent a fall.
- Causation: Evidence must demonstrate that the breach directly caused the family member’s death. Continuing the nursing home example, if your family member died from a traumatic brain injury (TBI) after falling, you would need to show that the TBI was the cause of their death.
- Damages: Finally, you must show that the decedent suffered losses that can be compensated. Examples include medical bills, funeral and burial expenses, and lost wages.
Going to trial is not necessary in all Michigan wrongful death claims. You can potentially avoid a trial if the responsible party makes a strong settlement offer. Wrongful death settlements in Michigan can vary significantly in size. An experienced attorney can place a fair value on your case and should fight aggressively for the dollar amount you deserve.
Wrongful Death Damages You May be Able to Pursue
We understand what a difficult time this is for you and your family. The death of a beloved person is always hard to deal with, but it can feel especially difficult to process when a negligent party contributed to their passing. A wrongful death claim may include compensation for:
- Medical expenses the deceased may have had before their passing, including surgeries, hospital stays, emergency care, medication, and other expenses
- Funeral and burial costs
- Conscious pain and suffering of the deceased before death
- Loss of financial support for family members, if the deceased provided income to the household
- Loss of society and companionship
- Loss of parental services and guidance
- Loss of inheritance
- Loss of services, if the deceased performed tasks and work around the home
You may have additional expenses not listed here, so don’t hesitate to reach out to our firm to discuss the impact of your loved one’s wrongful death.
Common Causes of Wrongful Death Damages in Detroit
Wrongful deaths are the result of a party’s negligent or careless behavior. While many instances of negligence are not malicious or deliberate, it is often the result of someone disobeying laws or failing to uphold a duty of care to another. Some of the most common fatal accident cases we see and handle include:
- Car Crashes: Auto accidents can be quite deadly, especially along roads like Gratiot Avenue, I-75 and East Davidson Street. Busy roads, distracted drivers, and other factors can make driving a major hazard.
- Commercial Truck Collisions: Trucks can cause immense harm, especially if the driver was speeding or driving while intoxicated.
- Motorcycle Accidents: As a firm with lawyers who ride, we know the unique hazards presented to bikers. Many drivers do not respect a riders’ right to the road, and we aim to hold them responsible for the passing of your loved one.
- Pedestrian and Bicycle Accidents: Detroit is often dangerous for people walking or riding bicycles, and data from the city of Detroit backs this claim up. If your loved one was killed by someone who was speeding, or otherwise driving negligently, let us help you seek just compensation.
- Slip and Fall Accidents: Slip and falls, especially in winter, can be quite deadly. Negligent property owners should be held liable for this devastating loss, and we are not afraid to help you fight for compensation.
- Dog Bites: Detroit ranks number 20 in a list of cities with the most dog attacks of postal workers, while Detroit Animal Control reported that dog bite data doubled from 2020 to 2022. Dog bites can be fatal to any person, but older adults and children are particularly vulnerable to these attacks. Our lawyers can help you hold the dog’s owner liable for their pet’s actions.
- Construction and Workplace Accidents: Worksite accidents do not always fall under the workers’ compensation umbrella for various reasons. We may be able to help you seek wrongful death damages if a loved on died due to negligence at work.
These and other personal injury accidents can be emotionally and financially devastating to surviving family members, and we vow to help you and your loved ones seek fair and full compensation.
Which Parties Could Be Liable for a Wrongful Death?
Liability is often quite complex and nuanced. Sometimes, only one person is responsible for the harm, while multiple parties could share fault. Those involved will often fight back against your claims for damages, trying to blame another party or the deceased for the tragedy that has occurred. No matter who is liable, we will make sure to seek damages from all responsible parties.
Some of these parties or individuals include:
- Another driver: Accidents involving trucks, motorcycles and cars are common in Detroit, and vehicle operators are often the main cause of negligence. Drivers may be fatigued, drunk, intoxicated, distracted, or otherwise negligent, and this can result in a fatal crash.
- The other party’s employer: Sometimes, employers are responsible for the actions of their employees. For example, trucking companies could be liable for the harm caused by their driver, depending on the causes of the crash. Companies may encourage drivers to disobey state and federal regulations to meet deadlines, and this could make them responsible for the harm caused by their employee.
- A property owner or manager: This party could be liable for quite a few accidents, including a slip and fall or a construction accident. These cases can be quite complicated, as it is not always clear which party might be liable for the conditions that caused your loved one’s accident.
This is not a complete list of people or parties who could be liable for your Detroit wrongful death case. We encourage you to reach out to our team to discuss the specifics of your case today.
The Statute of Limitations for a Detroit Wrongful Death Case
The untimely passing of a loved one can make each day difficult to get through. You have a lot on your mind, and it’s easy to be overwhelmed by the tasks you need to complete. However, if you want to take legal action, it’s important that you do so sooner rather than later.
Mich. Comp. Laws Ann. § 600.5805 only gives you three years to file a wrongful death lawsuit, and this statute of limitations begins on the day of your family member’s death.
Three years can go by rather quickly when you are mourning and trying to get your life back to normal, and evidence is also time sensitive. We urge you to reach out as soon as you can. Your family deserves justice, so do not miss the opportunity to seek compensation.
Talk to a Wrongful Death Claim Lawyer
The attorneys at Christensen Law are recognized leaders who have achieved record-setting settlements and verdicts across Michigan. We understand the tremendous pain that families feel after losing a loved one due to someone else’s reckless choices. If you choose to file a wrongful death suit, you can count on our attorneys to do all the legal legwork needed to prove your claim. We work carefully to minimize interruptions in your life while still providing regular updates on the progress of your case.
Our lawyers know what a good settlement offer looks like but prepare every case as if it is going to trial. That way, we can pivot immediately if settlement talks break down. If you’ve lost a loved one and someone else is to blame, let Christensen Law help you demand the compensation and justice you deserve. Contact us today for a free consultation with a wrongful death lawyer.
