Common reasons for these tragic accidents include motor vehicle crashes , medical negligence , pedestrian injuries , hazardous property conditions , and construction accidents. Below, we try to answer many of these frequently asked questions regarding wrongful death in Michigan to help assist you with the initial steps of the process. However, every case is unique and it can be critical to contact an attorney about your case. Our attorneys can go over the facts of your case and help to determine what your next steps may be.
Do not hesitate to reach out to us today to discuss your options and schedule a free consultation. There is a certain procedures and time limitations one should follow and understand when filing a Michigan wrongful death lawsuit.
That is why it is very important to contact an experienced wrongful death attorney immediately if you have lost someone due to a wrongful death accident in Michigan. A wrongful death lawsuit is usually filed by the relatives of the deceased person. In some cases, a non-family member will be elected to file the case.
A probate estate must be opened and a personal representative is appointed. Quite often, the family will agree on who should be appointed as the personal representative.
When the family cannot agree on this appointment, a court hearing will be held and the probate judge will determine who appointment. Regardless of the circumstances, a well-versed Michigan wrongful death lawyer could help a family member understand their legal standing and begin the process of filing a claim. Our law firm handles the probate process from start to finish when you choose us to pursue the wrongful death lawsuit. Once the personal representative is appointed by the court, we will file the lawsuit for all death claims in the circuit county court.
The wrongful death suit is then served on the defendants by a process server and the litigation process begins. The length of time for a wrongful death case from start to finish depends on a number of factors. Certain types of cases might take longer, like medical malpractice, than other case types like auto accidents. Also, some judges allow longer periods of time for the parties to take depositions and do their investigations than other courts. Death cases that have more complex issues take longer than cases with more straightforward facts and issues.
In most cases, the trial judge will require representatives from all parties to attend a mediation or settlement facilitation. The parties and their attorneys will meet with an experienced mediator who will attempt to negotiate a settlement. These events are often successful in reaching a settlement before the case goes to court for a trial.
There are no written schedules or guidelines for determining the amount of a death claim. If the case is not settled by the parties and goes to a trial, the judge or jury will determine the monetary amount to be awarded to the family members. Wrongful death settlements include compensation payouts for both non-economic and economic losses. Our experienced lawyers will work hard to get you the maximum settlement.
Non-economic losses include the loss of emotional support, comfort, companionship, society, moral support, and consortium due to the death of the loved one. This damage considers the loss to each family member of the victim. In other cases, the decedent may suffer for weeks and even longer before passing away.
The settlements in cases with extended suffering and mental anguish are often very substantial. Compensation is also owed to the family for economic losses caused by the death of a loved one. Economic damages include the recovery of the loss of earnings including past, present, and future losses.
Our law firm usually hires an economist and accountant to prove the full extent of these losses. Other claims are for the loss of financial support and loss of work benefits, like health insurance and a pension. The family is also entitled to the reimbursement of funeral and burial expenses. In many cases, an economist will also place a monetary value on the loss of household services that the decedent would have provided to family members if not for the death. This type of claim will also contribute to the settlement amount.
Michigan law determines which heirs can receive money from a wrongful death settlement. The primary beneficiaries are spouses, children, and parents. However, grandparents and other blood relatives may also be entitled to settlement money. Funeral expenses are reimbursed to the family member that paid for the burial before other money is distributed to the heirs. Further, another family member, like an adopted child of the decedent and people named in a Last Will and Testament, may also be entitled to a share of the settlement.
Michigan Civil Jury Instruction The damages allowed to the surviving spouse include:. Our detail-oriented Michigan lawyers will calculate the full extent of their losses in order to file the proper claim. There is really no typical or average wrongful death settlement. If none of the immediate family members listed above the spouse, children, parents, siblings, or grandparents survive, then damages may be awarded to anyone who could inherit from the deceased person's estate.
Note that there's no universal cap on damages in a Michigan wrongful death lawsuit, but the state's limit on medical malpractice damages would apply to a wrongful death claim stemming from a health care provider's error.
Get more details on damages that might be available in a wrongful death case. Like all states, Michigan has a law that limits the amount of time you have to file a wrongful death lawsuit. This law, called a "statute of limitations," states that you have three years from the date of the person's death to bring the claim. If the case is not filed before this period of time expires, it will most likely be barred from court.
If you're considering a wrongful death lawsuit in Michigan, it's a good idea to consult a personal injury attorney. Wrongful death claims can be complicated, and an experienced lawyer can explain how the law might apply to your specific case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The type and amount of damages available in a Michigan wrongful death lawsuit depend on many factors. The degree of negligence on the part of the defendant plays a large part.
Both monetary and emotional distresses are taken into consideration. Here are some of the damages family members may be entitled to in a Michigan wrongful death lawsuit:.
Michigan wrongful death laws are complicated, but finding the right lawyer is simple.
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