Has a loved one tragically passed away due to another person’s negligence or wrongful actions? If so, you may be wondering about your legal rights. In Michigan, the law allows certain individuals to file a wrongful death lawsuit to seek compensation for their loss.
These lawsuits can provide financial relief and help families navigate the challenges that follow such a traumatic event. Specific criteria and legal considerations are required to be eligible to sue for wrongful death in Michigan. Speak with a Michigan wrongful death lawyer from White Law PLLC to learn more about your rights and legal options.
Michigan Wrongful Death Lawsuits
A wrongful death lawsuit is a legal action brought on behalf of the deceased person’s estate to seek compensation for losses. This type of case can be brought when the negligence or wrongful act of another individual causes an individual’s death.
Any event that could be filed as a personal injury claim but ends with a fatality could be considered a wrongful death claim under MCL §600.2922.
Wrongful death lawsuits are intended as a way for family members to recover compensation for losses such as pain and suffering, lost wages, and support.
It can also help with expenses such as medical bills if the deceased was hospitalized or in treatment for recovery before death. Funeral and burial expenses can also be claimed as losses against the at-fault party.
Only a personal representative appointed by a Michigan Probate Court judge can file a wrongful death lawsuit on behalf of a deceased person’s estate. This representative could be the deceased’s spouse, children, parent, or other relative. If you are trying to determine if you can sue for wrongful death in Michigan, contact one of our personal injury attorneys to discuss your case.
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Suing for Wrongful Death in Michigan
Unlike many other states, Michigan requires a personal representative to be appointed to file the claim on behalf of the deceased person’s estate.
A personal representative, sometimes called an “executor,” is an individual appointed by the court to manage the deceased person’s estate. This individual is responsible for handling the deceased’s assets, paying debts, and distributing any remaining funds to the rightful beneficiaries.
The deceased person may have named a personal representative in their will or other legal document. If no representative is named, the court will appoint one. Typically, this role is given to a close family member, such as a spouse, child, or parent.
If you are a family member who may be eligible to receive damages from a wrongful death lawsuit, the personal representative is required to provide you with written notice within 30 days of filing the claim. This notice informs you of the lawsuit and your potential rights to recover compensation.
If you are not aware of the wrongful death lawsuit and do not receive notice within this time limit, your rights to claim damages may be limited.
Beneficiaries in Michigan Wrongful Death Lawsuits
When a wrongful death occurs in Michigan, the resulting financial compensation is typically distributed to the surviving family members of the deceased. Michigan Legislature outlines the eligible beneficiaries, ensuring the funds are appropriately allocated. The following individuals may be entitled to receive compensation from a wrongful death lawsuit in Michigan:
- Legal spouse
- Biological or adopted children
- Descendants, including grandchildren, great-grandchildren, and other lineal descendants
- Biological or adoptive parents
- Grandparents
- Siblings
- Legal heirs
- Stepchildren who were dependants of the deceased
- Named beneficiaries in a will
The specific distribution of funds may vary depending on the existence of a will, the number of surviving beneficiaries, and other laws. If you are facing the loss of a loved one due to wrongful death, consulting with a Michigan wrongful death attorney is crucial to understand your rights. They can help you determine who may be a beneficiary in a wrongful death lawsuit.
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Proving Wrongful Death in Michigan
Sometimes, families miss out on suing for wrongful death because they are unsure if they have a proper claim. Under Michigan laws, the plaintiff has the burden of proof, meaning that the personal representative of the estate who is filing the lawsuit must gather and present evidence showing the defendant’s negligence. The plaintiff must prove four key elements:
- The defendant owed a duty of care or reasonable responsibility to the deceased.
- The defendant breached this responsibility by acting negligently or failing to act with reasonable care.
- The defendant’s breach of duty directly caused the incident that ended in the deceased’s death.
- The damages from the death include lost income, funeral costs, pain and suffering, loss of consortium, and more.
If you are wondering how to prove wrongful death in Michigan, contact our team to discuss your case. An experienced wrongful death attorney can help you determine who can sue for wrongful death and begin to build a case with solid evidence. Be sure to start as soon as you can so as to avoid missing out on your claim due to the statute of limitations.
Statute of Limitations for Wrongful Death Cases
Under the statute of limitations for wrongful death lawsuits in Michigan, personal representatives typically have three years to file a lawsuit. However, specific circumstances can extend this timeline. If you are wondering if you still have the chance at a wrongful death lawsuit, contact our team at White Law PLLC for legal advice.
Our wrongful death attorneys are available to support and guide you during this difficult time. We understand the urgency of these matters and are committed to ensuring that your claim is filed within the appropriate timeframe. When you work with us, your case will be handled with the utmost care.
You will always work directly with your attorney throughout your case.
Contact White Law PLLC for Help with Your Michigan Wrongful Death Claim
Losing a loved one is a devastating experience, and worrying about paying the bills afterward adds a further element to the struggle. At White Law PLLC, our compassionate wrongful death attorneys are here to support you every step of the way.
We understand the emotional toll that you are under and are committed to providing you with the professional legal guidance you need. Do not delay. Contact us today for a consultation. Let us help you seek justice for your loss.
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