Losing a loved one is an indescribably painful experience, especially when it results from someone else’s negligence or wrongful actions. At Lipton Law, we understand the emotional turmoil of pursuing a wrongful death suit. In this blog, the Southfield wrongful death attorneys will provide a clear understanding of what a wrongful death claim involves and the factors that can affect your chances of winning a wrongful death suit.
With over 100 years of combined experience, we’re committed to helping you through these challenging times while seeking the justice your loved one deserves.
To schedule a consultation with one of our compassionate wrongful death attorneys, call Lipton Law at (248) 557-1688 today.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought when the negligent, reckless, or intentional actions of another person or entity cause an individual’s death. This type of suit is filed by the surviving family members or the deceased’s estate.
A family may file a wrongful death lawsuit to seek compensation for the damages, such as funeral expenses, lost income, loss of companionship, and emotional distress. Wrongful death lawsuits are governed by specific state laws, which define who can file the suit, the damages that can be recovered, and the time limits for filing.
What Are the Elements of a Wrongful Death Claim?
When pursuing a wrongful death suit, understanding its foundational elements is crucial. These elements form the backbone of the wrongful death case and must be sufficiently proven for the claim to be successful.
The key elements that constitute a wrongful death case are proving the duty of care owed by the defendant, demonstrating a breach of that duty, establishing direct causation between the breach and the death, and showing the resulting damages.
Each element plays a role in building a compelling wrongful death case and is essential for the family or estate representatives to understand in seeking justice and compensation for their irreplaceable loss.
Duty of Care
Duty of care in wrongful death claims represents the legal obligation imposed on an individual or entity to follow a standard of reasonable care while performing an action that could harm others.
In wrongful death cases, it must be established that the defendant had a duty to act or refrain from acting in a certain way towards the deceased. For example, motorists should operate their vehicles safely, doctors are expected to follow standard medical practices, and manufacturers must ensure their products are not unreasonably dangerous. Proving that a duty of care existed is the first step in a wrongful death lawsuit, laying the groundwork for demonstrating how this duty was breached, leading to the tragic loss.
Breach of Duty
Breach of duty occurs when the defendant’s actions or inactions deviate from what a reasonably sensible person or entity would have done under similar circumstances.
Essentially, it involves showing that the defendant acted negligently, recklessly, or intentionally in a way that was below the expected standard of care. For instance, a driver running a red light or a doctor failing to diagnose a treatable condition can be considered breaches of their respective duties.
Proving a breach involves showing that the defendant’s conduct was not just different from what is expected, but that it was negligently or recklessly so, directly contributing to the circumstances leading to the wrongful death. Establishing this breach is essential, as it forms the link between the duty of care and the causation of the death.
Causation
Causation refers to the critical need to establish a link between the defendant’s breach of duty and the resultant death. This element goes beyond showing that the breach occurred; it requires demonstrating that the breach was the direct or proximate cause of the deceased’s death.
For example, in a car accident scenario, it must be shown that the accident, resulting from the defendant’s negligent driving, directly led to the individual’s death. Causation is often the most complex part of a wrongful death claim, as it involves untangling multiple factors to prove that, if it weren’t for the defendant’s breach, the death would not have occurred.
Damages
Damages are the quantifiable losses suffered by the surviving family members due to the individual’s death. This component is vital as it aims to provide monetary compensation to the deceased’s survivors or estate. Damages in wrongful death lawsuits can be wide-ranging. They typically include economic losses like funeral and burial expenses, lost wages and benefits (including what the deceased could have earned had they lived), and medical bills incurred due to the injury before death. Non-economic damages are also considered, which cover the pain and suffering the victim experienced before death, loss of companionship, love, care, and guidance for the surviving family members.
Quantifying these damages requires a detailed and sensitive evaluation, often involving expert financial and medical testimonies, to ensure that the compensation reflects the true extent of the loss and impact on the deceased’s loved ones.
What Are the Potential Damages in a Wrongful Death Suit?
In wrongful death suits, potential damages extend beyond compensation for financial losses. They include a range of economic and non-economic damages tailored to address the multifaceted impact of the loss.
Economic damages include tangible losses such as medical expenses from the fatal injury, funeral and burial costs, loss of the deceased’s expected earnings, and loss of benefits like health insurance. Non-economic damages, while intangible, are equally important and cover the emotional and relational losses the survivors suffer. These may include pain and suffering of the deceased prior to death, loss of companionship, care, and guidance, and the emotional distress of the surviving family members.
What Factors Influence Your Chances of Winning a Wrongful Death Suit?
Filing a wrongful death suit is a complex and emotionally challenging legal process, where many factors affect the chances of a successful outcome. This section explains the critical elements impacting your chances of winning a wrongful death suit. From the strength of the evidence presented to the specific nuances of Michigan state laws, understanding these factors is crucial.
When you work with an experienced wrongful death attorney from Lipton Law, you can trust that your case is in good hands.
The Quality of Your Evidence
Strong, compelling evidence is essential to establishing a valid wrongful death claim. This evidence includes eyewitness testimony, medical records, expert opinions, accident reports, and any relevant documentation substantiating the claim. The evidence must not only be relevant and credible but also presented in a manner that clearly links the defendant’s actions to the wrongful death.
Shared Liability
Shared liability, also known as comparative or contributory negligence, occurs when the deceased is found to have had some degree of responsibility for the events leading to their death. In Michigan, comparative fault is defined under Mich. Comp. Laws § 600.2959, which states that compensatory damages may be reduced if the deceased is found to be a percentage at fault for the accident.
Comparative negligence can impact the amount of damages recoverable in a wrongful death lawsuit. However, your skilled wrongful death attorney from Lipton Law understands the state’s shared liability laws and will argue against disproportionate claims of shared fault to recover maximum damages.
Your Legal Representation
Your chances of winning a wrongful death suit depend on effective legal representation, which is why it’s crucial to work with a skilled attorney from Lipton Law. Our experienced wrongful death attorneys understand Michigan wrongful death laws and legal procedures and can also craft a compelling narrative around your case. Your attorney will skillfully gather and present evidence, negotiate with opposing parties, and if necessary, argue persuasively in court.
Actions of the Defendant
Scrutinizing the defendant’s behavior, both leading up to and following the incident, is crucial in establishing liability and the extent of their negligence or misconduct. This includes examining if their actions violated a duty of care, were illegal, or egregiously reckless. The defendant’s post-incident response, such as attempts to rectify the situation, admit fault, or conceal their role, can significantly influence the perception of their liability and impact the jury’s decision.
Case Jurisdiction
Jurisdiction determines the applicable laws, including how wrongful death is defined, the statutes of limitations, and specific rules regarding damages and liability. Each state has laws and legal precedents that can affect various aspects of the case, from procedural requirements to the potential award amounts. Jurisdiction can also impact the selection of the jury pool, which in turn can affect the case’s reception.
How to Win a Wrongful Death Lawsuit
Winning a wrongful death lawsuit requires a combination of legal expertise, thorough preparation, and a deep understanding of everything involved in such cases. From gathering strong evidence and choosing the right legal representation, to understanding state laws and effectively presenting your case in court, each aspect plays a crucial role in determining the outcome.
Work With an Experienced Wrongful Death Lawyer
Experienced wrongful death attorneys bring a wealth of knowledge in handling such sensitive cases, from filing the lawsuit within deadlines to meticulously preparing and presenting the case. Your Southfield wrongful death lawyer from Lipton Law not only understands the intricate legalities but also possesses the skills to navigate complex negotiations and, if necessary, aggressively advocate for your rights in a trial. This expertise in wrongful death law is invaluable in accurately valuing your claim, strategizing effectively, and guiding you through the emotional and legal process of your case.
Gather Powerful Evidence
Gathering powerful evidence involves meticulously collecting and preserving all relevant information supporting your claim. Evidence can include medical records, eyewitness testimonies, police reports, expert opinions, and other documentation or data related to the incident and its aftermath. High-quality evidence helps establish the defendant’s liability but also helps accurately demonstrate the extent of damages incurred. It’s crucial to start this process as soon as possible to ensure that evidence remains intact and memories are fresh.
File Within the Statute of Limitations
Even though Michigan’s Wrongful Death Act does not include a time limit, or statute of limitations, surviving family members have three years from the date of their loved one’s death to file a lawsuit.
Consider Your Settlement Options
While the prospect of a trial might seem like the only route to justice, many cases are resolved through out-of-court settlements. Settlements can provide a more predictable outcome and often result in quicker compensation without the emotional and financial toll of a lengthy trial.
However, it’s important to weigh these options carefully. An experienced wrongful death attorney in Southfield can provide invaluable guidance on the pros and cons of settling versus going to trial, helping you make an informed decision. They can also negotiate to ensure that any settlement offer adequately compensates for your loss and reflects the gravity of the wrongful death.
Contact a Michigan Wrongful Death Attorney at Lipton Law
If you are struggling with the aftermath of a loved one’s death due to medical malpractice or any other form of negligence in Michigan, reaching out to a wrongful death attorney at Lipton Law can be a crucial step toward closure and justice. By trusting your wrongful death lawsuit to Lipton Law, you can rest assured that every aspect of your case is managed effectively to honor the memory of your loved one and recover the compensation you deserve. Contact us today at (248) 557-1688 to explore how we can support you during this challenging time.