Wrongful Death Attorney Michigan
Michigan Wrongful Death Lawyer
It’s devastating when a loved one dies unexpectedly in a traffic accident. Such accidents bring significant emotional distress and anxiety to family members left behind. Additionally, grieving families often face significant financial burdens following fatal accidents. If the deceased victim was a family’s main source of financial support, the tragic situation of the surviving family members can become even more complicated.
Please contact a Michigan wrongful death attorney at Lipton Law if your loved one died as a result of negligence. You may have a wrongful death claim. If you call us at 248-557-1688, our experienced wrongful death lawyers can help you understand which options you have through a free consultation.
If someone you love experienced an unexpected death as described in Michigan law, you can file a wrongful death lawsuit with a Lipton law attorney.
Common Causes of Michigan Wrongful Death
Wrongful death occurs any time recklessness, negligence or deliberate behavior results in a fatality.
To establish a wrongful death case in Michigan, a personal injury attorney must prove beyond a reasonable double that the individual or business had some duty of care to the deceased and that their act or lack of action breached that standard of care.
Some of the most common causes of wrongful death can include but aren’t limited to:
- Car accidents
- Motorcycle accidents
- Medical malpractice or medical negligence
- Plane accidents
- Defective products
- Train or truck accidents
- Abuse or neglect
- Work accidents
- Nursing home abuse or negligence
- Animal or dog attacks
Even unknown toxic exposure to certain chemicals and substances can ultimately lead to wrongful death. One example of this is victims of the Camp Lejeune water contamination suffering serious health conditions, and ultimately dying from those conditions.
Damages for Wrongful Death Cases in Michigan
A deceased victim’s spouse, child, parents, or grandparents can file a wrongful death lawsuit in Michigan. The lawsuit may seek compensation for non-economic and economic damages that include:
- Hospital bills and related medical bills
- Pain and suffering or mental anguish
- Loss of companionship
- Funeral and burial expenses
- Lost wages and other benefits
- Loss of consortium
- Punitive damages (in some cases)
The amount of damages that can be obtained in Michigan wrongful death lawsuits varies depending on several factors — which is why it’s crucial to have a Michigan wrongful death attorney working on your behalf.
We know that no amount of compensation can replace your lost loved one; however, it can help pay for accident-related expenses and help provide for your family.
Damages for Children of Wrongful Death Victims
Children who lose their parents to wrongful death can receive even more damages from a wrongful death lawsuit than what’s listed previously.
According to Michigan Law (SJI2d 45.02), children can specifically sue for:
- Loss of gifts or other valuable gratuities
- Loss of parental training and guidance
Types of Car Accidents
Michigan Wrongful Death Attorney FAQs
What is Wrongful Death?
Wrongful death is essentially when someone else’s negligence or a company’s negligence causes a tragic and preventable death.
A common cause of a Michigan wrongful death is a car accident where the at-fault driver wasn’t following traffic laws. The Michigan wrongful death statute specifically defines this crime as: “Death by wrongful act, neglect, or fault of another.”
Is Wrongful Death a Criminal Offense?
How Do You Prove a Wrongful Death Case in Michigan?
To win a wrongful death case, plaintiffs must establish that someone’s negligence resulted in the loss of their loved one. To be successful, a wrongful death attorney Michigan must show that their plaintiff met these four conditions, as well as offer legal proof that the person or company:
- Owed a Duty to the Wrongfully Deceased Person. This means that the driver whose negligence caused a death should have followed all traffic laws. Or this could mean that a company should have properly protected its employee.
- Breached That Duty. The individual or company was obligated to take some action to prevent the accident, but they didn’t. A driver who runs a red light and collides with the victim is an example of this.
- Caused the Death. The defendants’ negligence resulted in the death. For example, a car accident resulted in the death of a person. In most wrongful death claims, physicians or pathologists determine the cause of death.
- Should Provide Damages to the Family. Attorneys calculate damages for each family member involved in the wrongful death claim based on the loss of their loved one. In a wrongful death case, the loss of a family member is fundamentally valued.
Who Can Sue for Michigan Wrongful Death After a Car Accident?
According to Michigan law (MCL 600.2922), the surviving spouse, children, descendants, parents, grandparents, brothers, and sisters can sue after a fatal accident. Additionally, these family members can receive damages from the Michigan wrongful death lawsuit.
Who Receives Wrongful Death Damages in Michigan?
The family members who generally receive the damages from a wrongful death suit include the:
- Surviving spouse
- Children of the deceased person
- Children of the deceased’s spouse
- Devisees in the will of the deceased person
Are Wrongful Death Settlements Considered Taxable Income?
How Do You Calculate Settlements from Wrongful Death Cases
A judge or jury and therefore, a Michigan wrongful death attorney will likely consider these factors when calculating a wrongful death settlement:
- How did the car crash happen?
- Did the crash specifically cause the death, or did something else cause it?
- Did the victim experience any pain and suffering before dying?
- How does this death affect the closest family member?
- Did any of the family members experience lost wages from this death?
- Are there medical bills causing a financial burden on the remaining family members as a result of this death?
- Will an insurance company contribute to this wrongful death settlement?
- What are the limits of said insurance coverage to cover this death?
Based on all these factors and more, every accidental death settlement will be very different. An experienced lawyer at Lipton Law will ensure that the family members left behind will certainly receive the best settlement possible.
What is the Statute of Limitations for Michigan Wrongful Death Lawsuit?
Surviving family members of a wrongfully killed loved one can file a lawsuit within three years after a car crash in Michigan. Additionally, anyone who can potentially recover damages must receive a notice within 30 days of the wrongful death suit filing date.
However, if the defendant’s own car insurance policy files the wrongful death suit, this statute of limitations may be changed, updated, modified, or augmented. Many people have uninsured and underinsured motorist protection on their car insurance policies. These extra contracts may have time limits that are shorter than the time it takes to launch a lawsuit against the irresponsible motorist. As you can see, the Michigan statute of limitations for filing a wrongful death civil lawsuit are complicated and can change from person to person. That’s why it’s important to talk with a Michigan wrongful death lawyer at Lipton Law to determine how much time you specifically have to file a lawsuit.
Experienced Michigan Wrongful Death Attorney
A wrongful death accident can happen for many reasons.
When we take your Michigan wrongful death case, we will study the crash scene evidence to determine whether these or other reasons contributed to the crash. We have extensive experience building strong cases to defend our clients.
If you want to file a Michigan wrongful death claim, call the experienced Michigan wrongful death lawyers at our Southfield law firm today at 248-557-1688 for a free consultation. Our wrongful death lawyers will guide you through this impossible time with compassion and extensive knowledge of Michigan Law.