What to Do if Your Spouse is a Victim of Wrongful Death

Caring millennial girl comforting mother who is sufffering from the tragic, wrongful death of her spouse. Visual concept for a personal injury blog discussing the Michigan wrongful death statute.

Losing a spouse is one of the most difficult experiences a person can face. The tragedy can feel even worse when your loved one’s death was caused because someone else was negligent.

In Michigan, the family members of a deceased person are entitled to compensation when the death was caused by someone else’s negligence. Under the Michigan wrongful death statute, the at-fault party is liable for economic and non-economic losses caused by the victim’s death.

Claims for wrongful death can be complicated and vigorously contested. They are often accompanied by other claims for negligence. The experienced Michigan wrongful death attorneys at Muth Law, P.C., can help ensure your family recovers the compensation they deserve. For more than four decades, Muth Law has represented the families of people killed by someone else’s negligence or other bad acts. We understand Michigan wrongful death law, and we know how to get results.

Contact our law firm today to schedule a free and confidential appointment to discuss your situation and how we can help.

What Is a Wrongful Death Lawsuit?

“Wrongful death” refers to any injury that results in death that would otherwise have constituted a personal injury claim if the victim had survived. The family members of a deceased person can file a wrongful death lawsuit to seek compensation for the loss of their loved one. The wrongful death lawsuit is filed by the deceased person’s personal representative in the name of the deceased person’s estate. The deceased person’s spouse and other family members are entitled to compensation for:

  • Loss of financial support
  • Loss of services
  • The cost of medical care;
  • Loss of society and companionship
  • Funeral expenses and
  • Pain and suffering experienced by the deceased

Who Can Bring a Wrongful Death Claim?

Under the Michigan wrongful death statute, a claim for wrongful death must be filed by the deceased person’s “personal representative.” The personal representative is the executor of the deceased person’s estate. This is often a family member and, in some cases, it is the deceased person’s spouse.

Family members eligible to receive financial compensation in a wrongful death lawsuit include the deceased person’s spouse, children, stepchildren, parents, siblings, parents, grandparents, and anyone identified as a beneficiary in the deceased person’s estate plan.

How to File a Wrongful Death Claim in Michigan?

Filing a wrongful death claim is a complicated process that involves:

  • Determining who will file the claim
  • Identifying the at-fault parties
  • Gathering evidence to prove liability and damages
  • Filing the lawsuit in the correct jurisdiction and within the applicable statute of limitations
  • Proving your wrongful death case in court
  • Negotiating a settlement or taking your wrongful death lawsuit to trial

What Is the Statute of Limitations for a Michigan Wrongful Death Lawsuit?

Because the Michigan wrongful death statute does not specify a statute of limitations, the time limit for filing a wrongful death lawsuit is set by the underlying claim. Most negligence claims in Michigan are subject to a three year-statute of limitations, and the statute of limitations for the wrongful death claim would be the same.

How Can a Michigan Wrongful Death Attorney Help?

The stakes are high in a wrongful death lawsuit, especially when the deceased person’s spouse and other family members depended on them for financial support. Working with our experienced wrongful death attorneys will improve your chances of obtaining a financial recovery that accurately reflects the damages and other losses you and your family suffered.

The attorneys at Muth Law can shoulder some of your burden, take responsibility for preparing your family’s wrongful death lawsuit, work to prove the defendant’s liability, and protect your right to financial compensation.

Why Choose Muth Law for Your Family’s Wrongful Death Claim

Since our founding in 1987, Muth Law has been committed to helping injured people and their families recover financial compensation after an accident or the tragic loss of a loved one. We are committed to seeking justice and holding people accountable for the harm they caused. We don’t just help our clients with their legal cases; we also help them process the emotional toll that the tragic and unexpected loss of a loved one can take. We will work to understand your needs and goals and will create a customized legal strategy designed to achieve the best possible results.

Muth Law handles personal injury and wrongful death claims on a contingency fee, which means you don’t owe us a fee unless we recover money for you.

Contact Muth Law Today

Call 734-481-8800 or contact the personal injury and wrongful death attorneys at Muth Law online to schedule a risk-free appointment to discuss your situation and how we can help.

Categories: Wrongful Death