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Have you lost a loved one in a fatal accident caused by someone else’s negligence? If so, speak with a wrongful death lawyer in Warren, Michigan, to see what your options are for justice and compensation.
One of the most difficult aspects of life is losing those we love. When we lose a loved one because of someone else’s carelessness, it’s almost unbearable. If you’re in this situation now and dealing with the aftermath of a loved one’s wrongful death, you may not know what to do or where to turn. In fact, the will to do much of anything may be beyond you, and that’s understandable. However, your loved one is owed justice for their death at someone else’s hands, and your next steps may be the only way that justice can be secured.
You don’t have to handle the loss of your loved one alone; by filing a wrongful death claim in Warren, MI, you can start the process of holding the responsible party accountable for their negligent actions. Speak with a Warren wrongful death lawyer with Christensen Law to see about getting someone on your side during this difficult time and to get details about the fatal accident claim process in Michigan.
Filing a Wrongful Death Lawsuit After a Warren Accident
On top of being emotionally grueling, losing a loved one due to someone else’s mistake or negligence can also be one of the most financially trying ordeals a family can experience, especially if the deceased was the main source of financial support. One way to find some relief during this tough time is by filing a wrongful death claim or lawsuit.
You might be entitled to compensation for the income your family member would have earned, the companionship you’ve lost, and even the small tasks your loved one did around the house. Getting a fair outcome from this claim can really help in securing your family’s future, making sure you’re taken care of in the years to come.
But there’s more to filing a claim than just financial support. By taking this step, you’re standing up and saying that what happened wasn’t okay. You’re also making sure that others don’t have to go through what you did. In a wrongful death lawsuit, your actions can help prevent the same thing from happening to someone else.
If you’re considering filing a claim, it’s essential to have the right people by your side. A Warren, MI, personal injury lawyer who represents wrongful death claims can guide you, ensuring that you understand the process and that your family’s rights are protected. We are there to support you, helping you get the justice your loved one deserves.
How Much Your Wrongful Death Claim Claim in Michigan Is Worth
The potential value of a wrongful death lawsuit in Michigan depends on the specific circumstances and damages that can be proven. Some factors that influence the value of your claim include:
- Lost income and benefits: Consider the deceased’s earning potential over their lifetime had they lived.
- Funeral and burial costs: The cost of funeral services and burial paid by the family.
- Medical and ambulance bills: Any medical expenses related to injuries preceding death.
- Loss of companionship: The value of losing the positive love, guidance, and companionship of your loved one.
- Pain and suffering: Any conscious pain and distress your loved one experienced prior to death.
- Punitive damages: Additional amounts awarded to punish gross negligence.
- Life expectancy: The longer your loved one’s life expectancy was, the more potential lost income.
- Earning potential: Higher earning capacity translates to greater financial losses.
- Contributory negligence: Award reductions based on any contributory negligence by the deceased.
Our Warren, MI, wrongful death attorneys use proven methods to calculate the full value of each applicable damage category. While no dollar amount can replace the loss of your loved one, fair compensation can help your grieving family to move forward.
Our Michigan Wrongful Death Claim Results
Here are some of the results Christensen Law has achieved for the survivors of victims who were fatally injured due to acts of negligence:
- We secured a $9.5 million-dollar victory in a challenging wrongful death lawsuit in which four Michigan-based corporations were defendants after a gas station clerk’s delayed call for emergency assistance resulted in a man’s death from blood loss after a stabbing.
- We secured a $4.55 million recovery in a claim against the power company for the family of a cable technician who was electrocuted, leaving a wife and two young daughters behind.
The value of your Warren wrongful death settlement for will depend on the economic and non-economic damages of your case, so call our team to get started.
When You Can File a Wrongful Death Claim in Warren
In Warren — and throughout Michigan — a wrongful death claim is warranted whenever a person’s death was caused by someone else’s wrongful act, neglect, or fault, according to Michigan Compiled Law § 600.2922. If the person had survived, they would have filed a personal injury claim on their own; but because a death is involved, the claims process is referred to instead as a wrongful death claim.
In Michigan, not everyone can file a wrongful death claim; permission to file is limited to the personal representative of your loved one’s estate. Typically, damages may only be paid to the deceased’s spouse, children, descendants, parents, grandparents, brothers, and sisters.
If none of these individuals have survived the deceased, then whoever is named as the inheritor of the estate may receive damages. In some cases, children of the deceased’s spouse may also be entitled to wrongful death damages. Talk to a fatal accident lawyer in Warren for details regarding your specific case.
Evidence Our Warren, MI, Wrongful Death Lawyers Use to Prove Your Claim
The evidence in your claim will determine how much your wrongful death case is worth, so it’s critical to document everything you can. Some of the most valuable types of evidence can include:
- Medical records that show the link between your loved one’s injury and the wrongful act. These can include the doctor’s notes, test results, and medical bills.
- The death certificate, which tells when and how your loved one died and the official cause of death.
- Police and accident reports, including autopsy reports that can show if the death was caused by medical errors and toxicology reports that can prove medication errors.
- Witness statements from people who saw what happened
- Pay stubs and tax returns that show your loved one’s earnings can help document your financial losses to help determine compensation.
- Photos and videos of the accident can also help prove what happened, which should have the time and date on them.
It may be helpful to keep all of the documentation related to your loved one’s injuries and subsequent passing in a folder that you can bring with you to our office during your consultation.
Mistakes to Avoid During a Wrongful Death Claim in Michigan
- Don’t fight with your family, support each other: After a tragedy like a wrongful death, tensions can be high. You may need to make difficult decisions at a time when you are already struggling to cope. To avoid mistakes, try to trust and listen to each other.
- Don’t talk about the wrongful death on social media: In fact, try not to talk about your case publicly with anyone at all, especially if your loved one’s death was covered in the media. What you can can be used against you, and it can devalue your claim.
- Don’t talk to the insurance company: The insurance company will offer you money, but keep in mind that they are not on your side, and they will use aggressive tactics to protect their profits. It’s best to let your wrongful death lawyer handle communications.
- Don’t accept a quick settlement offer: Once you agree to a quick, lowball settlement offer, you can’t ask for more money later if you need it – and the insurance company is counting on this. Even though it may be tempting, wait for them to agree to a fair settlement offer.
- Don’t assume there is only one liable party in your claim: You may have one specific defendant in mind in your wrongful death claim, but there may also be other parties whose negligence was a contributing factor. Don’t forget to consider any and all potential defendants when building your case.
- Don’t wait too long to file a wrongful death claim: According to Michigan Statute 600.5805, you have three years to file a wrongful death claim in most cases, though there are some exceptions. Don’t forget to contact an attorney before the deadline.
- Don’t try to handle your wrongful death claim on your own: If you want to get the full value of your compensation in a wrongful death claim, it’s important to work with a lawyer who understands these cases and is knowledgeable about Michigan’s laws.
Warren, MI, Wrongful Death Attorney FAQs
There is a lot you should know about wrongful death claims if you’re thinking about filing. We are happy to answer any of your questions and inform you of your legal rights and options. Here are answers to some of our most frequently asked questions about wrongful death lawsuits:
Who gets the money in a wrongful death lawsuit in Michigan?
Michigan law says certain family members can file a wrongful death case. The money from a settlement or court award will often go to the spouse first. Then children. Then parents, grandparents, and siblings. A wrongful death attorney can help decide who gets what amount based on Michigan’s laws and the specific circumstances of your situation.
How long do you have to file a wrongful death suit in Michigan?
You must file a wrongful death claim within three years in Michigan. This time limit is known as the statute of limitations, and the deadline starts the day your loved one died. You should consult with a wrongful death lawyer in Michigan as soon as possible to give us ample time to build a strong case for your compensation.
Is there a cap on wrongful death in Michigan?
No dollar limit exists for pain and suffering payouts in Michigan wrongful death suits. The law sets no caps. If you aren’t able to reach a settlement agreement with the at-fault party’s insurance company, your case will move to trial, at which point a jury will then decide the amounts after hearing all about the impacts the death of your loved one has had on your life.
How do I file a wrongful death lawsuit in Michigan?
To file a suit in Michigan, the estate’s executor or family members work with an attorney. The lawyer handles submitting court papers and complex legal steps. There are strict rules that maybe difficult to understand, especially during such a trying time, bu you can seek the help of our Michigan wrongful death attorneys help.
Speak with a Wrongful Death Attorney in Warren, Michigan
Sadly, there’s no replacing your loved one or turning back the clock and keeping their fatal accident from happening. Failing that, what we can offer is the potential to bring the responsible party to justice for what they’ve taken from you and your lost loved one.
Your legal action may also help keep this tragedy from befalling others. For example, if you lost your loved one in a car accident in Warren that could have been prevented, your claim may spur new laws to be put in place that protect others from a similar fate on the roadways. For these reasons and more, a fatal accident claim may be the right move for you and your family.
At Christensen Law, we want to do what we can to make this time in your life easier. A Warren wrongful death lawyer may be the key to moving forward after your loss. Let’s talk about your options in Michigan after a wrongful death.
