Understanding Wrongful Death Claims in Michigan
Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can endure. In Michigan, wrongful death claims provide a legal path for families to seek justice and financial compensation for their loss. These claims hold the responsible parties accountable and help ease the financial burden caused by an unexpected death.
What Qualifies as a Wrongful Death Case?
A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct. These cases commonly arise from:
- Motor Vehicle Accidents – Fatal crashes involving cars, trucks, motorcycles, or pedestrians.
- Medical Malpractice – Mistakes made by doctors, nurses, or hospitals that result in preventable death.
- Workplace Accidents – Fatal injuries occurring in dangerous work environments such as construction sites or factories.
- Defective Products – Malfunctioning or dangerous products that cause fatal injuries.
- Premises Liability – Unsafe property conditions, such as slip and falls, dangerous conditions or lack of security, leading to fatal incidents.
Who Can File a Wrongful Death Lawsuit in Michigan?
Under Michigan law, a wrongful death lawsuit must be filed by the personal representativeof the deceased person’s estate. The compensation recovered is then distributed to the surviving family members, including:
- Spouse
- Children and Stepchildren
- Parents
- Siblings
- Grandparents
- Anyone financially dependent on the deceased
Types of Compensation Available in a Wrongful Death Case
A wrongful death lawsuit allows families to recover damages for:
- Medical Expenses – Costs related to medical treatment before death.
- Funeral and Burial Costs – Expenses for laying a loved one to rest.
- Lost Financial Support – Compensation for the income and benefits the deceased would have provided.
- Pain and Suffering – Damages for the emotional and psychological impact on surviving family members.
- Loss of Companionship and Guidance – Compensation for the loss of love, care, and emotional support.
Michigan’s Statute of Limitations for Wrongful Death Claims
In Michigan, wrongful death claims must typically be filed within three years from the date of the deceased person’s passing. Failing to file within this time frame can result in losing the right to seek compensation.
Proving Negligence in a Wrongful Death Claim
To succeed in a wrongful death case, the plaintiff must prove the following elements:
- Duty of Care – The defendant owed a duty of care to the deceased (e.g., a doctor must provide competent medical treatment, or a driver must follow traffic laws).
- Breach of Duty – The defendant failed to uphold their duty through negligent or reckless actions.
- Causation – The breach directly resulted in the victim’s death.
- Damages – The surviving family members suffered financial or emotional losses due to the death.
How a Wrongful Death Attorney Can Help
Wrongful death cases can be complex and require that the Plaintiff use substantial evidence to prove their case. A knowledgeable personal injury attorney like Aaron Israels can:
- Investigate the circumstances surrounding your loved one’s passing.
- Gather crucial evidence, including accident reports, medical records, and expert testimony.
- Negotiate with insurance companies to secure a fair settlement.
- Take your case to court if the responsible party refuses to provide just compensation.
Our law firm understands the immense grief and hardship that comes with losing a loved one unexpectedly. Attorney Aaron Israels is committed to helping families in Grand Rapids and West Michigan seek justice and financial security during this difficult time.
Contact us today at (616) 280-4303 for a free consultation to discuss your case.
Visit our website at www.AaronUnderstands.com. This article is for general informational purposes only and should not be considered legal advice.