What You Should Know About Wrongful Death Claims in Michigan

What You Should Know About Wrongful Death Claims in Michigan

Losing a loved one is an incredibly painful experience, and when that death is caused by someone else's negligence or wrongful actions, the emotional toll can feel unbearable. In Michigan, surviving family members may have the right to pursue a wrongful death claim to hold the responsible parties accountable. These legal claims can provide financial support and some sense of justice for those affected by the tragedy. However, wrongful death claims can be complex, and understanding the details of how they work is essential if you find yourself in this unfortunate situation.

In this article, we will explore what constitutes a wrongful death in Michigan, who is eligible to file a claim, and the process involved. This information can help you navigate the legal landscape during an extremely difficult time.

What is a Wrongful Death?

A wrongful death occurs when someone’s death is caused by the negligence, recklessness, or intentional actions of another person or entity. The death may result from various incidents, such as car accidents, medical malpractice, defective products, workplace accidents, or criminal acts.

In Michigan, the law allows surviving family members or representatives to file a wrongful death lawsuit when a loved one dies as a result of someone else's actions. The purpose of these claims is to seek compensation for the financial and emotional losses caused by the death.

Who Can File a Wrongful Death Claim in Michigan?

Under Michigan’s wrongful death law, only certain individuals are allowed to file a wrongful death claim. These individuals are typically close family members of the deceased, such as:

• Spouses
• Children
• Parents (if the deceased had no spouse or children)
• Siblings (in some cases, if there are no surviving spouse or children)

If there is a personal representative of the decedent’s estate, that person can also file the claim on behalf of the family members. The personal representative is typically named in the decedent’s will or appointed by the court if there is no will.

Michigan law is clear that the wrongful death claim must be filed by the personal representative of the deceased’s estate, but the compensation will go to the surviving family members.

Types of Damages in a Wrongful Death Claim

Wrongful death claims allow survivors to seek several types of damages, both economic and non-economic. These damages are intended to compensate for the losses that result from the death of a loved one. Some common types of damages in a Michigan wrongful death claim include:

1. Economic Damages
   • Funeral and Burial Expenses: The costs associated with funeral and burial services can be significant. These expenses may be included in a wrongful death claim.
   • Medical Expenses: If the deceased person received medical treatment prior to their death, those medical bills may be part of the claim.
   • Lost Wages and Benefits: If the deceased provided financial support for their family, their lost earnings, future wages, and benefits may be calculated into the damages.
   • Loss of Financial Support: If the deceased was a primary breadwinner, the family may be entitled to compensation for the loss of financial support that would have been provided in the future.
2. Non-Economic Damages
   • Pain and Suffering: This category accounts for the mental and emotional distress the family has experienced due to the loss of their loved one. This is a more subjective form of compensation, and its value will vary based on the specifics of the case.
   • Loss of Companionship and Consortium: Surviving spouses, children, and other close family members may be entitled to compensation for the loss of emotional support, companionship, and love they would have received from the deceased.
3. Punitive Damages: In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the responsible party for particularly reckless or malicious conduct and to deter similar behavior in the future.

Statute of Limitations for Wrongful Death Claims in Michigan

It’s important to note that there is a time limit for filing a wrongful death lawsuit in Michigan, known as the statute of limitations. In most cases, a wrongful death claim must be filed within three years from the date of the decedent’s death. If the claim is not filed within this period, it may be dismissed, and you may lose your right to seek compensation.

However, in some circumstances, the statute of limitations could be extended. For example, if the death was caused by a criminal act, the statute of limitations might be different. It’s always wise to consult an attorney as soon as possible to ensure that your claim is filed on time.

How to Prove a Wrongful Death Claim

To win a wrongful death lawsuit in Michigan, you must prove that the death was caused by the negligent or intentional actions of another party. This often involves demonstrating the following elements:

1. Duty of Care: The defendant (the person or entity being sued) had a duty to exercise reasonable care to prevent harm to others. For example, a driver has a duty to obey traffic laws and drive safely.
2. Breach of Duty: The defendant breached their duty of care through negligence or intentional actions. This might include driving under the influence, failing to maintain a safe workplace, or providing faulty medical treatment.
3. Causation: The breach of duty directly caused the death of the decedent. You must show that the defendant’s actions led to the fatal accident or injury.
4. Damages: Finally, you must demonstrate that the surviving family members have suffered real damages as a result of the death. This includes financial losses as well as emotional distress.

Gathering evidence, such as police reports, medical records, eyewitness testimony, and expert opinions, can be crucial in proving these elements.

Working with an Attorney on a Wrongful Death Claim

Navigating a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. An experienced personal injury attorney can help you understand your rights, gather the necessary evidence, and guide you through the legal process. They can also assist with negotiations and ensure you receive fair compensation.

In Michigan, personal injury attorneys work on a contingency fee basis, meaning they do not charge upfront fees. Instead, they take a percentage of any compensation awarded if you win the case. This makes it easier for families to pursue justice without worrying about legal fees during an already difficult time.

Choose a Legal Team You Can Trust

Wrongful death claims in Michigan are complex legal matters that can offer financial relief and a sense of justice to surviving family members. If you’ve lost a loved one due to the negligence or wrongful actions of another party, understanding your legal options is essential.

At Smith & Johnson, our experienced attorneys are here to help you navigate Michigan’s wrongful death laws and fight for the compensation your family deserves. While no amount of money can ever replace your loved one, holding the responsible parties accountable can provide closure and support your family’s future needs. Contact us today for a consultation and let us guide you through this difficult time.