Wrongful Death Lawyer in Clare, Michigan

According to Michigan law, a wrongful death is a death caused by a wrongful act, neglect, or fault of someone else. The act should also be that, if the victim had survived, he or she would have had grounds to take legal action against the person responsible for their injury.

Family members and dependents who have lost a loved one due to another person’s negligence may be able to file a wrongful death lawsuit and seek compensation for damages, such as medical expenses, funeral and burial costs, pain and suffering, and loss of companionship

Under Michigan law, you must prove that your loved one’s death resulted from the negligence of another, defined by the following elements:

1. The at-fault party had a duty of care to take reasonable steps to protect others from harm, such as following the rules of the road.
2. That duty of care was breached. For example, the at-fault party disregarded their duty to follow the rules of the road and drove recklessly.
3. The breached duty of care caused the fatal injury to your loved one.
4. There must be damages due to the death, such as medical expenses, lost income the deceased individual would have made in their lifetime, and funeral and burial expenses.

The deadline, or statute of limitations, for filing a wrongful death lawsuit in Michigan is three years from the date of the death. However, if the death was due to medical negligence, then the filing deadline is only two years from the date of the death.

There may be other deadlines depending on the circumstances of your loved one’s death, which is why it is recommended that you contact a lawyer as soon as possible so that you don’t miss any filing deadlines. Also, be aware that it takes time for your attorney to prepare your case for filing, so it’s best not to delay.

Wrongful death actions can only be filed by the personal representative of the decedent. A personal representative is either the executor or administrator of the deceased person’s estate or the person legally authorized to act on the behalf of the decedent or their estate.

Within 30 days of the personal representative beginning legal action, the personal representative must give a copy of the complaint to anyone who may be entitled to damages, such as a spouse, children, parents, grandparents, or siblings.

If there are no living family members, damages are passed down to those who would inherit the decedent’s estate according to the laws of interstate succession.

Under Michigan law, damages that may be recovered in a wrongful death case include medical expenses, funeral and burial expenses, pain and suffering the deceased suffered before passing, lost wages or income the decedent would have earned had they lived, and loss of companionship to the surviving loved one.

There are several situations in which someone can die due to another person’s negligence, including motor vehicle accidents. Many of these crashes are due to drunk driving, distracted driving, and drowsy driving.

Defective products, medical malpractice, workplace accidents, and other factors can also contribute to the wrongful death of another person.