Who Can Sue for Wrongful Death in Michigan?
Losing a loved one is never easy. However, that loss can be more devastating when your loved one was taken from you before their time. If a person dies due to someone else’s negligence or willful act, who can sue for wrongful death after someone passes away? The lawyers at Lipton Law can help you answer that question.
If you have lost a loved one due to a car accident, medical malpractice, fatal boating accident, or other form of negligence, you may be able to pursue legal action. A Michigan wrongful death attorney with Lipton Law can file a wrongful death suit on your behalf and fight for the compensation you deserve. If you’ve already lost a family member, you shouldn’t lose money on top of that. Seek legal advice today with Lipton Law attorneys. Schedule your consultation by calling our office at (248) 557-1688 today.
What Is a Wrongful Death Lawsuit?
Michigan Compiled Laws Section 600.2922 describes wrongful death as “Death by wrongful act, neglect, or fault of another.”
The decedent’s death does not need to be immediate to qualify as wrongful death. If someone causes injuries that later result in death, they can be considered guilty of wrongful death. If the deceased would have been able to seek justice through a personal injury claim if they had lived, surviving family members have the legal grounds to file suit.
Wrongful death claims can also arise from any “wrongful or negligent act resulting in miscarriage, stillbirth, or physical injury to or the death of the embryo or fetus.” However, this rule does not apply to the following cases. (Michigan Compiled Laws Section 600.2922a)
- Actions taken by the pregnant person
- Physicians or other licensed health professionals acting within the scope of their practice, with the pregnant person’s consent or the consent of someone who can legally consent on behalf of the pregnant person
- During the lawful administration, dispensation, or prescription of medication
If you are unsure if you have a valid wrongful death claim, an experienced wrongful death attorney with our firm can advise you of the best steps to take in a free consultation.
Wrongful Death Lawsuit vs Personal Injury Lawsuit
While wrongful death suits and personal injury suits are somewhat related, they are different types of civil claims. The main difference between a wrongful death claim and a personal injury claim is who can actually file the claim. In a personal injury case, the injured person usually files the claim. In some cases, someone may file on behalf of the injured person, such as the parent or legal guardian of that person. In a wrongful death case, someone else must file on behalf of the deceased.
The two case types are related in a very specific way. To have a wrongful death lawsuit, the deceased person must have been able to file a personal injury lawsuit if they survived. Simply put, a potential personal injury case that results in the victim’s death is a wrongful death case.
The Michigan personal injury attorneys at Lipton Law have substantial experience in matters of personal injury and wrongful death. If you’re considering filing a civil lawsuit after a family member’s death, allow us to help.
Wrongful Death Lawsuits vs Survival Actions
Wrongful death lawsuits are similar to survival actions, with one key difference. The focus of the lawsuit differs. Wrongful death claims seek to obtain compensation for the family’s losses. A survival action, on the other hand, essentially allows the estate representative to pursue a personal injury claim on behalf of the deceased. The claim focuses on recovering damages suffered by the deceased. For example, the representative may seek compensation that the deceased may have recovered through a Michigan car accident lawsuit if they had survived.
Is Wrongful Death a Civil or Criminal Claim?
Causing the death of another through intentional or careless acts can result in criminal charges. However, a wrongful death action is a civil matter handled in civil court. The purpose of a wrongful death lawsuit is to seek compensation for surviving family members or beneficiaries of the deceased’s estate. Criminal prosecution involving the death of another is a separate legal process handled by the state in criminal court. Criminal claims allow the state to punish criminal conduct.
What Are the Legal Grounds for Wrongful Death Lawsuits in Michigan?
According to wrongful death laws in Michigan, claimants must prove the following elements to have a successful wrongful death lawsuit:
- Death of a person
- The death was caused by someone else’s negligence or actions intended to cause harm
- The deceased would have been entitled to a personal injury claim if they had survived
- The decedent’s surviving spouse, child, other family members, or beneficiaries have suffered monetary losses as a result of the death
- The defendant owed the victim a duty of care, which they breached with their negligent actions
If you can prove the above elements and provide strong evidence, you should be able to secure wrongful death damages for your case. Working with a wrongful death attorney can significantly increase your chances of winning a wrongful death suit.
Wrongful Death Examples
A wrongful death lawsuit can arise from many case types, as long as the elements of a wrongful death case are present. The following cases can involve wrongful death.
- Motor vehicle accident cases
- Medical malpractice cases
- Workplace accident cases
- Product liability cases
- Premises liability cases
- Toxic exposure cases
- Other wrongful actions that result in someone’s death
If you are unsure of whether you have a valid wrongful death suit, speaking with a top personal injury lawyer in Michigan can help illuminate your legal options. The Lipton Law team understands this is a difficult time, and we will do everything we can to support you and your family.
What Role Does Negligence Play in a Michigan Wrongful Death Claim?
Negligence often plays a central role in wrongful death claims. Wrongful death can occur due to negligence or intentional conduct. When wrongful death occurs due to negligence, the plaintiff must prove that the defendant’s careless actions directly caused the death of their loved one. Negligence may involve failing to uphold a duty of care, such as in medical malpractice, car accidents, or workplace accidents.
The legal requirements and standards for proving negligence in a wrongful death lawsuit vary depending on the jurisdiction and the specific circumstances of the case. For this reason, it is important to seek legal assistance from an attorney with experience in the specific legal issue related to your wrongful death claim. For example, a Michigan medical malpractice wrongful death attorney will understand how to prove how a medical professional’s negligence led to wrongful death.
Who Can Bring a Wrongful Death Claim in Michigan?
Michigan state law requires wrongful death actions to be brought by the deceased’s personal representative. The personal representative is responsible for settling and distributing the decedent’s estate. The probate court appoints this role. If the deceased named an executor in their will, the court will usually appoint that person as their personal representative. Otherwise, courts may assign this role to the surviving spouse, other beneficiaries of the will, heirs of the decedent, a creditor’s nominee, or a state or county public administrator.
Who is Entitled to Wrongful Death Benefits
According to Section 600.2922 of the Michigan Compiled Laws, the following parties may be entitled to damages from a wrongful death lawsuit.
- Immediate family members
- Inheritors of the deceased’s estate according to state laws
- Devisees under the will of the deceased
Immediate Family Members Like Spouses, Children, and Parents
The Michigan Compiled Laws state that the following family members can file a wrongful death lawsuit and recover damages for their losses.
- Spouse
- Child
- Parents
- Grandparents
- Siblings
- Descendants
- Children of the deceased’s spouse
- Heirs named in the decedent’s will
Legal Guardians
Legal guardians can file a wrongful death claim in certain circumstances. If the deceased was a minor or an adult who was under the care of a legal guardian, the guardian may have the legal right to pursue compensation for the loss.
Financial Dependents, Life Partners, Stepchildren, and Others
In Michigan, the children of the surviving spouse, or stepchildren, can sometimes benefit from a wrongful death claim. However, Michigan state law does not specifically guarantee that financial dependents or unmarried life partners can benefit from wrongful death claims.
If no immediate family members survive the deceased person, persons to whom the deceased’s estate would pass under intestate laws can recover damages for the deceased’s wrongful death. Furthermore, any named devisees in the deceased’s will are entitled to compensation for wrongful death. This includes beneficiaries of a trust under a will, some living trust beneficiaries, and those whom the deceased specified in their will may be entitled to damages.
Depending on the circumstances of your case, wrongful death compensation rights may extend to those who were financially dependent on the deceased or unmarried life partners. If you’re having trouble figuring out wrongful death benefits, consult with an attorney.
What Is the Process of Filing a Wrongful Death Lawsuit in Michigan?
The first step is to speak with an experienced attorney about your situation. They can take the weight of handling a wrongful death claim off your shoulders and guide you through the process. Only the personal representative of the deceased person may bring a wrongful death action. If the deceased does not name a personal representative in their will, the local probate court must appoint this person. Next, the representative initiates the lawsuit and notifies all parties who may be entitled to compensation.
Who Can You Sue for Wrongful Death in Michigan?
The personal representative can file a lawsuit against the parties who share fault for the deceased’s death. For example, if their loved one died in a car accident, they could sue the at-fault driver. If they died due to a defective product, the product manufacturer would be considered the responsible party. Speak with your attorney to determine who you can recover compensation from.
How Can an Experienced Wrongful Death Lawyer Help?
If you have lost a loved one to another person’s negligence, it is in your best interest to speak with a lawyer about your case. Wrongful death cases can be very contentious and complicated. After losing a loved one, the last thing you need is additional stress. Having legal counsel at your side will give you a better chance of success in your claim. Furthermore, legal support can relieve stress by removing the burden of figuring out complicated paperwork, meeting deadlines, and more.
The Lipton Law team will work hard to build a strong case on your behalf. We gather evidence, study case details, and apply our knowledge of the legal system to obtain a favourable outcome in court. While we focus on your case, you can focus on mourning what you’ve lost.
Understanding Damages and Compensation in Wrongful Death Claims
Now that you understand how wrongful death lawsuits work, you can learn how damages and compensation work. In the following sections, we’ll explain the potential damages your family might be eligible for, as well as who may receive those damages.
Potential Types of Damages in Wrongful Death Lawsuits
In a successful wrongful death suit, you may be able to collect the following types of financial compensation.
- Medical expenses
- Funeral and burial expenses
- Loss of financial support
- Lost inheritance
- Pain and suffering
- Emotional distress
- Loss of consortium
In rare cases, families may recover compensation through punitive damages. Punitive damages only apply in cases where the defendant’s behavior was particularly malicious or reckless. Courts issue punitive damages to punish the defendant and deter others from engaging in that same behavior in the future.
How Is Compensation Determined in a Wrongful Death Case?
The court or jury will determine fair and equitable compensation based on the losses suffered by the deceased’s family or beneficiaries. Compensation can vary greatly depending on the circumstances of the case.
Who Gets the Money in a Wrongful Death Lawsuit?
The purpose of a wrongful death lawsuit is to compensate family members of the deceased for costs they incurred due to their loved one’s death. Generally, the benefits from these cases are paid out to a surviving spouse, surviving children, and other family members. However, other family members, heirs, or beneficiaries may also be entitled to a portion of the wrongful death settlement.
Are Wrongful Death Settlements Taxable in Michigan?
The Internal Revenue Service (IRS) generally does not tax most economic and non-economic damages received on account of personal physical injuries or physical sickness. This includes damages recovered through wrongful death cases. However, punitive damages are usually taxable.
What Is the Time Limit for Filing a Wrongful Death Claim in Michigan?
The Michigan statute of limitations requires claimants to file a wrongful death claim within three years after the date of their loved one’s death. Only a few exceptions exist that may extend this time limit. While you don’t have to file your claim right away, the court will not look favorably on your case if you wait until time is almost up to file. We strongly recommend speaking with an attorney as soon as possible to avoid missing your filing deadline.
Contact a Michigan Wrongful Death Attorney at Lipton Law
Surviving family members in wrongful death claims are often saddled with expensive medical bills, funeral costs, and other burdensome expenses after their loved one passes. If you find yourself in this situation, the Michigan wrongful death attorneys at Lipton Law are here for you. Our attorneys are dedicated to seeking justice on behalf of your loved one. To schedule a free initial consultation with us, please contact us online or call our office at (248) 557-1688 today.
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