Losing a loved one is always difficult. The loss can be even more devastating when your loved one died because someone else was negligent.

Under Michigan law, the deceased person’s family can file a wrongful death lawsuit to seek compensation for the loss of a loved one. The estate’s personal representative files a wrongful death lawsuit in the name of the deceased person’s estate. A wrongful death lawsuit allows the family of the deceased to seek financial compensation for:

• Loss of financial support;
• Loss of services;
• Medical care;
• Loss of society and companionship;
• Funeral expenses; and
• Pain and suffering experienced by the deceased.

A claim for wrongful death is often filed in conjunction with other allegations of negligence. These lawsuits are often complicated, and it is wise to enlist the help of an experienced Michigan wrongful death attorney.

The wrongful death lawyer at Muth Law, P.C., understands that no amount of money will make up for the loss of a loved one. But financial compensation can replace lost income and inheritance, pay for the cost of grief counseling, and provide a sense of closure in knowing that justice has been done.

Who Can File a Michigan Wrongful Death Claim?

A wrongful death claim can arise out of almost any accident. Common situations that give rise to wrongful death claims include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice

You can file a wrongful death claim against any individual, corporation, or entity responsible for the death of another person. However, only certain people are eligible to receive compensation in a Michigan wrongful death claim.

Under Michigan’s wrongful death statute, the following relatives of the deceased person are entitled to recover compensation in a wrongful death lawsuit:

• Spouse;
• Children and step-children;
• Parents and grandparents;
• Brothers and sisters;
• Descendants;
• People who would inherit from the deceased person’s estate.

How Long Do You Have to File a Lawsuit for Wrongful Death?

The statute of limitations sets the time period for filing a lawsuit. Because Michigan’s wrongful death law does not specify a statute of limitations, the time period for filing a Michigan wrongful death lawsuit is set by the underlying claims. In most cases of negligence in Michigan, the statute of limitations is three years from the date of the negligence causing death.

What Are the Elements of a Wrongful Death Claim?

To prove a case of wrongful death, the plaintiff must show that the defendant was negligent. Just as in other claims of negligence, the family of the deceased must prove:

• Duty. The family of the deceased must prove that the defendant had a duty to their deceased relative. In most negligence claims, duty is clear.
• Breach. The plaintiff must show that the defendant violated a duty or responsibility. This can be done by showing that the defendant acted irresponsibly or deviated from an acceptable standard of care.
• Causation. The family of the deceased must prove that the defendant’s actions led to the death of their relative.
• Damages. The plaintiff must present evidence of their damages. Damages in a wrongful death lawsuit may include hospital and medical bills, lost wages and inheritance, funeral and burial expenses, mental anguish, and diminished quality of life.

Contact the Michigan Wrongful Death Lawyer at Muth Law, P.C., Today

When an accident causes the loss of a loved one, the wrongful death lawyer at Muth Law is here to help. We have represented Michigan families since 1987 and have extensive experience handling Michigan wrongful death claims. We will investigate the cause of the accident, identify the responsible parties, and hold them accountable for the harm they caused. Our lawyers can help you open an estate and fight for the compensation your family deserves.

To learn more, contact Muth Law P.C. today by calling 734-481-8800, emailing info@muthlawpc.com, or completing our online form.