When you lose a loved one due to a negligent action, you will feel different emotions, from being overwhelmed to being confused and angry. If the deceased was the financial pillar of the family and was hospitalized before their death, you might wonder how you’ll cope without them, pay for the outstanding medical bills, and move forward. While we cannot entirely comprehend the magnitude of what you’re facing, we can help you seek justice and compensation through a wrongful death claim.
Our Lansing wrongful death attorney is well-versed in Michigan’s wrongful death laws and has represented several grieving families and helped them secure fair compensation. So, if you want to recover a settlement for the death of your loved one and enjoy the services of a legal team committed to doing that, contact Goodman Acker, P.C. Our initial consultations are 100% free, so call us at 248-286-8100 to book one.
Every case is unique and comes with its unique challenges. As a result, we do not take the same approach with each case. We focus on your objectives and develop a strategy that will help you achieve your goals and get a favorable outcome. Our lawyers make the difference between winning your case and giving the insurance company the upper hand.
We have successfully represented clients for decades and have a 99% success rate with the cases we have handled. Our client testimonials are replete with our success stories and a testament to our dedication and commitment to every case we take. We work on a contingency fee basis, so you don’t have to worry about having the money to pay us upfront.
We are available to attend to your needs 24/7, and you can always expect us to have clear and open communications with you. Contact us at 248-286-8100 to schedule a free, no-obligation consultation with our attorneys.
Under Michigan law, a wrongful death is defined as a death caused by any “wrongful act, neglect, or fault of another” that would have allowed the person to file a personal injury lawsuit had they lived. In other words, a wrongful death case arises when one person dies because of the negligent action of another person or entity.
It could result from a negligence-based incident like the following:
Wrongful death cases also result from medical malpractice or an intentional act, like an assault. Like in most personal injury cases, the defendant in a wrongful death claim needs to compensate the legal beneficiaries of the victim. This is because wrongful death actions are civil and are not like criminal cases where the defendant faces jail time or fines.
Another defining factor of wrongful death claims is that the burden of proof is not beyond reasonable doubt. Instead, the defendant’s negligence is proven on a preponderance of the evidence. However, depending on the facts of a wrongful death case, the defendant can also face a criminal charge. But irrespective of whether they do or not, you can still seek compensation for your loved one’s death.
Certain people can file a wrongful death lawsuit under Michigan’s wrongful death statute. They include the following:
In some rare cases, a distant relative like an uncle or aunt can file a wrongful death lawsuit. If the deceased left a will, anyone named as an estate heir can commence legal action with the help of an attorney. However, the deceased’s estate can also have a personal representative to file the lawsuit or appoint an heir or family member.
If the personal representative decides to file the lawsuit on behalf of the legal beneficiaries, they have 30 days to notify all those entitled to damages from the suit. Also, when a settlement is awarded, the personal representative has no part in it and will share it among the legal beneficiaries.
Like in personal injury claims, proving negligence in a wrongful death lawsuit involves establishing the four elements of negligence. So, first, you must prove that the defendant owed the deceased a duty of care. If the decedent was involved in an accident, it means the at-fault driver had an obligation to drive carefully and obey traffic rules.
What the duty of care amounts to will vary depending on the events that led to the deceased’s demise. Next, you must prove that the defendant negligently breached the duty of care. For example, a doctor who failed to uphold the standard of care when treating the deceased.
The third element to establish is causation. It involves showing that the defendant’s negligent action was the actual and proximate cause of the deceased’s death. For instance, a drunk driver who runs a red light and crashes head-on into an oncoming vehicle.
Finally, you must show that you suffered damages as a result of the defendant’s actions and the deceased’s death. However, beyond establishing the four elements of negligence, you must back them with evidence.
Proof needed in wrongful death lawsuits includes medical records, autopsy reports and death certificates, accident reports, witness statements, financial documents, etc. Our Lansing wrongful death lawyers can help you prove the defendant’s negligence and gather the evidence needed for your case.
In a successful wrongful death lawsuit, you can recover the following compensation:
There is no limit to how much you can recover as financial compensation in a wrongful death lawsuit. In some cases, the court awards exemplary damages. Our Lansing wrongful death lawyer can help you determine the value of your wrongful death case.
Losing a loved one is devastating, and you might have questions about your legal rights and what to expect if you file a lawsuit. Below, we answer some of the questions we frequently encounter.
How long will it take for the wrongful death lawsuit to conclude?
There is no fixed timeframe as it depends on several factors. For instance, it takes longer to conclude medical malpractice cases than motor vehicle accidents. Also, the number of evidence called, the discovery period, and the court’s schedule impact the timeframe for a lawsuit.
How much can I receive as compensation in a wrongful death case?
There is no fixed amount for how much you can receive, but it will cover your economic and noneconomic damages. Also, depending on your case, the compensation can run into millions of dollars.
Who gets the compensation awarded in a wrongful death lawsuit?
Michigan law determines who can receive money from the compensation. But the primary beneficiaries are spouses, children, and parents. Sometimes, grandparents and other blood relatives may get a part of the settlement.
How long do I have to file a wrongful death claim?
It depends on the events that led to the death. If the deceased passed away after a car accident, you have three years from the day they died to commence the action.
These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.
When you retain our services, we will listen to you about the circumstances surrounding your loved one’s death and provide legal advice on whether there are grounds for a wrongful death claim. If there is, we will start the claim process, conduct investigations into the events that led to the death, gather evidence, and get an expert opinion, if needed.
Our attorneys will handle the filing and documentation of the wrongful death lawsuit, handle the pre-trial settlement negotiations, and, if there is no agreement, argue your case in court before a jury. We will guide and support you throughout the process and inform you how the case progresses.
Losing a loved one is tough, and although no amount of money can bring them back, receiving compensation helps shoulder the financial impact of the loss. Therefore, if you lose a loved one to a person or entity’s negligence, don’t be afraid or delay taking legal action. Wrongful death cases are complex, but our lawyers at Goodman Acker, P.C. are experienced and knowledgeable.