- January 17, 2025
Losing a loved one is one of life’s most devastating experiences. When that loss happens because of someone else’s careless or wrongful actions, the pain can feel even more unbearable. You may find yourself grappling with questions about what to do next, how to hold the responsible party accountable, and how to seek justice for your family member.
The question, “What is wrongful death?” often arises in these heartbreaking situations. Wrongful death claims provide families with an opportunity to recover damages after losing a loved one due to negligence or intentional harm. Below, we’ll explain what wrongful death means, how to determine if you have a claim, and the steps involved in pursuing justice.
Contacting a Detroit wrongful death lawyer near you for a free consultation is one way to begin finding answers. They can address your specific questions and guide you through the process. A lawyer can also advocate for you and your family to help ensure you receive the compensation and justice you deserve.
Definition of Wrongful Death
A wrongful death occurs when a person dies due to another party's negligence, recklessness, or intentional misconduct. Wrongful death laws allow the deceased person's estate or family members to file a civil lawsuit against the responsible party to recover damages for their losses.
In Michigan, wrongful death claims are governed by the Michigan Wrongful Death Act. These laws outline who may file a claim, what types of damages can be sought, and the procedural requirements for pursuing a case. Michigan law permits family members or representatives of the deceased's estate to bring a claim for compensation, provided they can prove that the death resulted from another party's wrongful actions.
How to Know if You Have a Wrongful Death Claim
A wrongful death claim must meet specific legal criteria. Understanding these elements can help determine whether you have a claim.
Death of a Person
The claim must involve the death of an individual caused by the actions or negligence of another party. This includes scenarios like fatal car accidents, medical errors, or intentional acts of violence.
Caused by Another's Negligence or Intent to Harm
The death must result from the negligent or reckless behavior of an individual, business, or entity. Negligence might involve careless driving, medical malpractice, or the failure to maintain a safe environment. Intentional harm, such as assault or other criminal acts, may also provide grounds for a wrongful death claim.
Survival of Family Members Who Suffer Monetary Injury
The deceased's family members must experience financial losses resulting from the death. This may include the loss of income, benefits, or services the deceased would have provided.
Appointment of a Personal Representative
A personal representative must be appointed to manage the deceased's estate and pursue the wrongful death claim. This individual may be named in the deceased’s will or appointed by the court if no will exists.
Who Can File Wrongful Death Lawsuits in Michigan?
Michigan law specifies who can file a wrongful death lawsuit, ensuring that the individuals most affected by the loss have the right to seek compensation. The following individuals or entities typically have the legal standing to file a wrongful death claim in Michigan:
Immediate Family Members
The closest relatives of the deceased are often the first to be considered eligible to file a wrongful death lawsuit. These immediate family members include:
- Spouses: A surviving spouse is usually one of the primary parties with standing to file a claim.
- Children: Both biological and adopted children may bring a lawsuit for the wrongful death of a parent.
- Parents: If the deceased is a minor or does not have a spouse or children, the parents may have the right to pursue a claim.
Life Partners or Financial Dependents
While Michigan law primarily focuses on immediate family members, other individuals who relied on the deceased for financial support or shared a close relationship may also have grounds to file a claim. This can include unmarried life partners, provided they can demonstrate dependency on the deceased.
Distant Family Members
In some cases, more distant relatives, such as siblings or grandparents, may be allowed to file a wrongful death lawsuit. These situations typically arise when there are no closer relatives to pursue the claim, or when distant family members can prove a significant financial or emotional reliance on the deceased.
The Personal Representative of the Estate
Michigan law requires the wrongful death lawsuit to be brought by the personal representative of the deceased's estate. This individual is responsible for managing the estate’s affairs and pursuing the legal claim on behalf of the surviving family members. The personal representative is often named in the deceased's will or appointed by the court if no will exists.
Distribution of Compensation in Michigan Wrongful Death Claims
Any compensation recovered through a wrongful death claim in Michigan is distributed among the deceased’s surviving family members based on the extent of their losses. The court may evaluate factors such as financial dependence, emotional relationships, and the deceased’s contribution to the family to determine how damages are divided.
If you believe you may have grounds to file a wrongful death claim, reach out to an experienced Detroit wrongful death lawyer. They can determine whether you are eligible to file and how to proceed. They can also protect your rights and the potential value of your case by handling every aspect of your claim.
What Commonly Causes Wrongful Deaths?
Many circumstances can lead to wrongful death claims. Common causes include the following:
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are leading causes of wrongful death. These cases often involve negligent driving behaviors like speeding, distracted driving, or driving under the influence.
Medical Malpractice
Doctors, nurses, and other healthcare providers may be held accountable for wrongful death if they fail to meet the standard of care, leading to fatal errors such as misdiagnoses, surgical mistakes, or improper medication administration.
Workplace Accidents
Fatalities in the workplace, particularly in high-risk industries like construction or manufacturing, can lead to wrongful death claims. Employers, contractors, or equipment manufacturers may bear responsibility.
Defective Products
When a dangerous or defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held liable in a wrongful death claim.
Criminal Acts
Homicides and other violent crimes that result in death may form the basis of a wrongful death lawsuit, even if criminal charges are not pursued or result in acquittal.
Compensation an Attorney Can Help You Receive for Wrongful Death
A wrongful death claim aims to recover damages to help surviving family members cope with the losses they have suffered. Compensation typically falls into three main categories.
Economic Damages
Economic damages reimburse the family for measurable financial losses.
- Lost Wages and Benefits: Compensation for the income and benefits the deceased would have earned had they lived.
- Medical and Funeral Expenses: Reimbursement for medical bills incurred before the death and funeral or burial costs.
Non-Economic Damages
Non-economic damages address the intangible losses experienced by the family.
- Pain and Suffering: Compensation for the physical and emotional distress endured by the deceased before their death.
- Loss of Companionship: Damages for the loss of the deceased’s guidance, care, and affection.
Punitive Damages
In cases involving egregious negligence or intentional misconduct, courts may award punitive damages to punish the wrongdoer and deter similar behavior.
Statute of Limitations for Wrongful Death Actions
A statute of limitations sets the deadline for filing a wrongful death lawsuit. Missing this deadline could result in losing the right to pursue compensation.
Each State Has Its Own Deadline
Every state enforces its own statute of limitations for wrongful death claims. While Michigan typically allows three years from the date of death to file a claim, exceptions may apply depending on the circumstances.
Preserve Evidence and Protect Rights
Timely action is critical to preserving evidence and protecting legal rights. Delay can lead to the loss of key witnesses, documents, or other essential case details.
Contact an Attorney Without Delay
Families should contact a Detroit wrongful death lawyer as soon as possible to start the legal process and avoid running out of time.
How Wrongful Death Cases Differ from Criminal Cases
Wrongful death lawsuits and criminal prosecutions both address the death of an individual but serve very different purposes.
Burden of Proof
In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In a wrongful death lawsuit, the standard is lower, requiring proof by a preponderance of the evidence.
Penalties and Compensation
Criminal cases aim to punish the wrongdoer through imprisonment or fines. Wrongful death lawsuits seek monetary damages to compensate the deceased’s family.
Possibility of Concurrent Cases
A wrongful death lawsuit and a criminal case can proceed simultaneously. For example, a defendant acquitted in a criminal trial may still be held liable in a civil lawsuit, as the two systems operate independently.
Steps to Take in Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several key steps and requires careful planning and execution. A wrongful death attorney can help ensure the process is completed thoroughly and effectively. Here’s an overview of the steps involved in filing a wrongful death lawsuit:
Consult an Attorney
The first step in pursuing a wrongful death claim is to meet with a qualified attorney. This initial consultation allows the attorney to review the circumstances of the case, determine if the elements of wrongful death are present, and explain the legal process. A Detroit wrongful death lawyer can also help identify the parties responsible for the death and the types of damages that may be pursued.
Investigation and Gathering Evidence
A thorough investigation is essential to proving negligence or wrongdoing caused the death. Your attorney will work to gather the following types of evidence:
- Accident or incident reports
- Medical records and autopsy findings
- Witness statements
- Photos or videos of the scene
- Expert testimony, such as medical or accident reconstruction professionals
This evidence forms the foundation of your case and demonstrates liability and damages.
Filing the Complaint
Once the investigation is complete, the attorney will draft and file a formal complaint with the court. This document outlines the allegations against the at-fault party, the damages being sought, and the legal basis for the claim. The complaint officially starts the lawsuit and serves as notice to the defendant.
Discovery Process
The discovery phase involves an exchange of information and evidence between both parties. This step allows each side to gather additional details about the case through methods such as:
Depositions: Sworn testimony from witnesses and involved parties
Interrogatories: Written questions requiring responses under oath
Requests for documents or evidence
This process helps both sides understand the strengths and weaknesses of their cases.
Settlement Negotiations or Trial
Most wrongful death claims resolve through settlement negotiations. During this phase, your attorney will advocate for a fair settlement from the defendant or their insurance company. If the opposing party refuses to offer reasonable compensation, the case may proceed to trial. At trial, the attorney presents evidence to a judge or jury, who will determine the outcome and award damages if the claim is successful.
Why Timeliness Matters in Filing a Wrongful Death Lawsuit
Aside from meeting any legal deadlines, you need to contact a Detroit wrongful death lawyer can begin the wrongful death claims process as soon as possible after your loved one’s death. Delays in filing may result in the loss of important evidence or witnesses, and exceeding the statute of limitations could bar you from recovering compensation altogether.
Contact a Wrongful Death Lawyer Today
When another party’s negligence or wrongful conduct takes the life of someone you love, taking legal action can help hold them accountable and secure the compensation your family needs to rebuild. Goodman Acker PC has a track record of fighting for families like yours across Michigan. With personalized attention and a commitment to pursuing justice, our firm can help you seek the best possible outcome for your claim.
Contact us today for a free consultation and let us help you take the next steps toward seeking justice for your loved one.