Losing a loved one is tragic, and if their death was the result of someone’s careless, negligent, or intentional actions, it can be even more devastating.
The death of a loved one can leave you and your family in financial trouble. Medical expenses and funeral costs can add up. And you may struggle to pay bills without the additional income your loved one once provided. You might lose your health insurance and other benefits if they were provided through your loved one’s workplace.
A Royal Oak wrongful death attorney can help. Michigan residents whose loved one’s deaths resulted from someone else’s actions can pursue compensation for their loss through a wrongful death claim.
If you believe you have a wrongful death claim in Royal Oak, Michigan, contact Oak Law today for a free consultation with our experienced wrongful death attorneys. Our team of compassionate lawyers will answer your questions, evaluate your case, and explain your legal options.
What Is Wrongful Death?
In Michigan, “wrongful death” is defined as death by the fault, neglect, or wrongful act of another person. The law gives the survivors the right to file a claim or lawsuit to pursue compensation for their loved one’s injuries and death. The personal representative of the deceased’s estate can file a wrongful death claim on behalf of the surviving family.
A wrongful death claim is a civil action. If the claim eventually goes to court as a lawsuit, the personal representative or their lawyer will have to meet their “burden of proof” to win the suit. Although you may have heard about proving a case “beyond a reasonable doubt,” that only applies to criminal trials. In a civil case like a wrongful death lawsuit, the burden of proof the plaintiff is required to meet is a “preponderance of the evidence,” which means the plaintiff only needs to show that, more likely than not, the defendant caused by the death.
Examples of wrongful death include:
- A fatal car accident caused by a distracted driver
- An intentional homicide
- A misdiagnosis that leads to the death of the patient
- A death caused by the neglect of a caretaker
In each of these cases, you would be able to file a claim against the person responsible for your loved one’s death. You might be able to file a claim against their employer if the at-fault party caused the death while they were working.
Statute of Limitations for Wrongful Death Claims
According to Section 600.5805 of the Michigan Compiled Laws, the statute of limitations for a wrongful death claim allows three years from the date of death to file a lawsuit against the at-fault party. The statute of limitations can be different if the cause of death was medical malpractice.
Three years might sound like a long time, but the time will pass swiftly. Don’t delay in getting an attorney to handle the wrongful death case for you. A wrongful death attorney can take the stress of filing a claim off your shoulders. They’ll handle the paperwork, making sure your lawsuit gets submitted correctly and within the statute of limitations. Then, they’ll gather evidence to support your case, represent you in negotiations with insurance companies, and argue your case in court if you and the at-fault party cannot settle beforehand.
Who Can File a Wrongful Death Claim?
In Michigan, the only person who can file a wrongful death claim is the deceased’s estate’s personal representative (executor). However, they file the claim on behalf of the family members who suffered harm due to the loss of the deceased. And when they file a claim, they must provide a copy to anyone who could benefit from the claim within 30 days.
According to Section 600.2922 of the Michigan Compiled Laws, family members on whose behalf the personal representative can file a claim include:
- The deceased’s spouse or legal partner
- The deceased’s children (biological or adopted) or other descendants
- The deceased’s parents
- The deceased’s grandparents
- The deceased’s siblings
If none of these family members survive the deceased, the law allows for the following individuals to seek compensation through the personal representative’s claim:
- Anyone to whom the deceased’s assets would pass under intestate succession
- The children of the deceased’s spouse, if they are not the children of the deceased
- Others who financially depended on the deceased or who received property from the deceased’s will
A wrongful death attorney can help you understand whether you stand to receive compensation from the claim and what your award or settlement may look like. They can also assist the personal representative with filing the claim to make sure you receive the maximum compensation allowed under the law.
Available Compensation
The financial impact of losing a loved one due to the actions of someone else can be massive. The last thing you need when grieving your loved one is the stress of medical bills piling up and not knowing whether you’ll be able to afford next month’s payments.
To help grieving families deal with the emotional and financial aftermath of a death, wrongful death claims in Michigan allow for a variety of compensation types.
Economic Damages
Economic damages are compensation that covers tangible losses. Your attorney can calculate the tangible financial losses you’ve sustained as a result of your loved one’s death and seek compensation for them. Economic damages include money for:
- Medical Expenses – Your loved one may have incurred medical expenses before they passed, such as those for surgeries, hospital stays, prescription medications, etc. For these medical expenses to be valid for compensation, you may have to demonstrate that they were reasonable and necessary.
- Funeral Costs – The estate can seek to recover funeral and burial costs.
- Lost Wages – If you were financially dependent on your loved one, you may be able to receive compensation for the loss of their future wages.
Non-Economic Damages
Non-economic damages are compensation for intangible losses. It can be hard to put a price on things like pain and suffering. But that’s exactly what your attorney will do. Non-economic damages include money for:
- Pain and Suffering – The physical pain and emotional suffering your loved one experienced before their passing.
- Emotional Distress – The emotional distress you experienced due to the loss of your loved one.
- Loss of Consortium – The loss of a romantic or sexual relationship due to the death of a spouse or partner.
Exemplary Damages
In rare cases, the court may also award exemplary damages. Michigan’s exemplary damages differ from the punitive damages other states have, which punish the person or entity at fault for an injury or death. Instead, the exemplary damages compensate the victim’s family for the at-fault party’s willful disregard for their loved one’s rights.
The Role of a Wrongful Death Lawyer
A wrongful death lawyer plays a few vital roles. The first is that they provide legal advice. Having someone in your corner who knows the ins and outs of the Michigan legal system can be beneficial. If you have any questions throughout the process, they’ll either be able to answer them.
Second, your legal team will put in the legwork to gather evidence supporting your case. This evidence is what’s going to show that the other party’s negligent actions caused your loved one’s death. And it will show why the compensation you’re seeking is a reasonable amount.
Third, your lawyer will represent you and the estate in settlement negotiations with insurance providers. Insurance providers are in the business of making money. They want to get away with paying you as little as they can. An experienced attorney who represents you in settlement negotiations can prevent the insurance carrier from trying to get away with giving you a lowball offer because you’re in a vulnerable position, and they think they can get away with it.
Fourth, your attorney will present your case in court if you and the at-fault party can’t settle. Most lawsuits end in a settlement before they reach the courtroom for trial. You need a lawyer who has trial experience in cases like this, just in case a trial is required to pursue the money you deserve. The trial is where they’ll present all the evidence that supports your case and fight for you to receive the maximum compensation available.
Wrongful Death Attorneys in Royal Oak, Michigan
If your loved one was killed by the actions of another person in Royal Oak, Michigan, the wrongful death attorneys of Oak Law are here to help. Our team of compassionate and experienced lawyers understands that this is a difficult time for you and your family, and we want to ease some of the burden for you.
Let us work with the estate’s personal representative to file your claim, gather evidence in support of your case, negotiate with the opposing party, and represent you in court if need be. You can grieve your lost loved one and focus on your family.
Contact us online or call our law office today at (248) 716-8800 for a free consultation with one of our knowledgeable wrongful death attorneys.
