Losing a loved one is a devastating experience that can be even more painful when their death results from someone else’s negligence. While no legal action can truly compensate for the loss, seeking justice through a wrongful death claim can provide financial security for surviving family members.
At the Lee Steinberg Law Firm, P.C., our dedicated team of Saginaw wrongful death lawyers understands the profound impact of such a loss and is here to support you through this difficult time. Our law firm in Saginaw County has a proven track record of recovering substantial settlements for families and individuals, demonstrating not only our legal proficiency but also our genuine care for your well-being. Our experienced attorneys are ready to help you uphold your legal rights and seek the fair compensation you deserve.
Why Hire Us for Your Wrongful Death Claim in Saginaw?
The National Safety Council (NSC) reports that three people die every 10 minutes in this country. Many of these losses are the result of negligent or intentional behavior on the part of others. The Lee Steinberg Law Firm, P.C. supports grieving families through this difficult time by providing compassionate and skilled legal services. When you hire us to help you file a wrongful death lawsuit, you benefit from the following:
- Decades of Experience: Founded in 1973 by nationally recognized attorney Lee Steinberg, our firm has over 50 years of experience in handling personal injury and wrongful death cases. This extensive experience allows us to advocate with confidence on your behalf.
- Proven Track Record: We have a history of success, having recovered substantial settlements and verdicts for our clients. Our reputation is built on consistently achieving favorable outcomes, demonstrating our ability to secure the compensation you deserve.
- Focused Attention: Our Saginaw wrongful death lawyers take on a limited number of cases at a time, ensuring that each client receives the personal attention and dedicated legal support they need. This approach allows us to thoroughly investigate and advocate for your case.
- Comprehensive Resources: As one of the largest personal injury law firms in Michigan, we have the resources necessary to handle the most complex wrongful death claims. Our team has the financial means and legal acumen to take on large corporations and insurance companies and demand maximum compensation.
- Personalized Service: Our wrongful death attorneys understand the emotional and logistical challenges that come with a wrongful death claim. To make the process easier for you, we offer to visit you personally, ensuring that you receive the support you need without the stress of travel.
The Lee Steinberg Law Firm, P.C. combines experience, dedication, and a client-centered approach to provide you with the highest quality legal representation. Our goal is to alleviate the fears and anxiety involved in legal proceedings after an injury or loss and let you focus on healing and rebuilding your life.
What Qualifies as a Wrongful Death in Michigan?
In Saginaw and across Michigan, wrongful death occurs when the recklessness or negligence of another individual or entity causes someone’s death. To establish a wrongful death claim, it must be proven that the defendant owed the deceased a duty of care, breached that duty, and that the breach directly resulted in the preventable death.
Here are the key elements to understand:
- Duty of Care: The defendant must have had a legal obligation to act in a way that would prevent harm to the deceased. This could be a driver’s duty to follow traffic laws or a doctor’s duty to provide competent medical care.
- Breach of Duty: It must be demonstrated that the defendant failed to fulfill their duty of care. Examples include reckless driving, medical malpractice, or a company failing to maintain safe working conditions.
- Causation: There needs to be a direct link between the breach of duty and the death. It must be shown that the defendant’s actions were the legal cause of the fatality.
Wrongful death claims are civil cases and distinct from any criminal proceedings that might also arise from the same death. While criminal cases aim to punish the wrongdoer, wrongful death claims seek to provide financial compensation to the deceased’s family. Although these cases are separate, evidence and verdicts from a criminal trial can influence the civil lawsuit.
Who Can File a Wrongful Death Case?
In Michigan, the wrongful death statute specifies who is eligible to file a lawsuit seeking compensation for the loss of a loved one due to negligence or misconduct. Eligible family members include:
- The surviving spouse
- Both biological and legally adopted children
- The parents of the deceased, whether biological or adoptive
- Brothers and sisters of the deceased
- Grandparents
- Grandchildren
- Children of a person’s deceased spouse
In some cases, more distant relatives like aunts, uncles, or cousins may be eligible to file a claim. If the deceased left a will, any person named as an heir of the estate may also have the right to file a wrongful death lawsuit.
Before a wrongful death claim can be filed, the family member or heir must be appointed as the personal representative of the deceased’s estate. Working with a Saginaw wrongful death lawyer can help your family work through the legal process and ensure all necessary paperwork is completed correctly and on time.
How to File a Wrongful Death Claim in Saginaw
Before you can file a wrongful death claim, a family member or heir must be appointed as the personal representative of the deceased’s estate. After this appointment is made through the probate court, the personal representative must give notice to all potential beneficiaries, informing them of the wrongful death claim and their right to make a claim for compensation. Once this is done, next steps include:
- Filing the Wrongful Death Lawsuit: The personal representative, with the help of a personal injury attorney, files the wrongful death lawsuit in the appropriate court. The lawsuit should include all relevant details and evidence supporting the claim of negligence or misconduct that led to the death.
- Response from Beneficiaries: Beneficiaries who believe they are entitled to compensation must notify the personal representative’s attorney of any evidence supporting their claim within 60 days of the lawsuit’s filing. Failure to respond may result in losing the right to compensation.
- Settlement Approval or Jury Verdict: In Michigan, wrongful death cases can be settled out of court or decided by a jury. Any settlement reached must be approved by the court to ensure it is fair and just.
- Distribution of Compensation: After a settlement is approved or a jury awards compensation, the personal representative must file a motion with the court seeking permission to distribute the funds to the beneficiaries according to the court’s instructions.
Because wrongful death claims can involve so many legal technicalities, hiring a personal injury lawyer is strongly recommended. A wrongful death attorney can guide you through the process, ensure all legal requirements are met, and help you understand your options for pursuing compensation.
Wrongful Death Damages
When pursuing a wrongful death claim, various types of damages can be sought to compensate the surviving family members for their loss. These economic and non-economic losses include but may not be limited to:
- Medical Bills: Compensation can cover the medical expenses incurred from the time of the injury leading to the death. This includes hospital bills, emergency care, and any other healthcare expenses related to the incident.
- Funeral and Burial Costs: Families can seek reimbursement for the funeral costs and burial expenses of the deceased, easing the financial burden during an already difficult time.
- Conscious Pain and Suffering: This type of damage compensates for the pain and suffering experienced by the deceased person from the moment of injury until their death. It acknowledges the physical and emotional distress and mental anguish endured by the deceased.
- Loss of Financial Support: If the deceased person was a primary income earner, their death can leave a significant financial gap. Compensation for loss of financial support aims to cover the income and benefits the deceased would have provided to their family.
- Loss of Consortium and Companionship: The preventable death of a loved one often leads to a profound emotional impact on the surviving family members. Compensation for loss of companionship addresses the emotional suffering and loss of relationship experienced by the family.
- Loss of Parental Services and Guidance: For families with children, the death of a parent can mean the loss of care, guidance, and support. Damages can be sought to compensate for this loss.
- Loss of Inheritance: If the deceased person had an estate that would have been passed on to their heirs, the family might seek compensation for the lost inheritance due to the untimely death.
- Loss of Services: The deceased might have provided essential services to the household, such as childcare, maintenance, or other contributions. Compensation for loss of services covers the financial impact of losing these contributions.
Understanding these different damages can help families know what types of compensation they might be entitled to in a wrongful death claim. By speaking to an experienced lawyer, you can ensure that all relevant damages are appropriately calculated and pursued.
FAQs
How Do I Prove Wrongful Death in Michigan?
Fatal accidents can arise in a variety of contexts, including but not limited to:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Nursing home abuse
- Medical negligence
- Birth injuries
- Use of defective products
To prove wrongful death in Saginaw County and across Michigan, you must demonstrate that another party’s recklessness or negligence caused the death. This is accomplished by establishing the following elements:
- Duty: You need to show that the at-fault party had a legal duty to keep the deceased reasonably safe. For instance, a licensed driver has a duty to operate their vehicle in a manner that does not pose a risk to others.
- Breach: Next, you must prove that the responsible party breached this duty. For example, if a driver was texting instead of keeping their eyes on the road, this could be considered a breach of duty.
- Causation: It must be demonstrated that this breach directly caused the accidental death. Continuing the motor vehicle example, if your loved one died from a traumatic brain injury (TBI) after a crash, you would need to show that the TBI was the direct cause of death.
- Damages: Finally, you must provide evidence of the losses suffered due to the accidental death. This can include medical bills, funeral expenses, burial costs, lost wages, and other related financial impacts.
How Long Do I Have to File a Wrongful Death Lawsuit?
In Michigan, the timeframe for filing a wrongful death action (known as the statute of limitations) varies depending on the circumstances surrounding the death.
- For most wrongful death claims involving negligence, such as car accidents, you have three years from the date of the incident to file a lawsuit. This period allows you to gather the necessary evidence and build a strong case.
- If the wrongful death was caused by intentional acts, such as an assault, the statute of limitations is two years. These cases require prompt action to ensure your claim is filed within the legal timeframe.
- For wrongful death cases involving medical malpractice or nursing home negligence, the general deadline is two years from the date of the incident. However, under certain circumstances, you may have up to five years from the date of death to file your lawsuit.
The sooner you speak to a Saginaw wrongful death lawyer, the better your chances of preserving crucial evidence and witness testimonies. Missing the statute of limitations means losing the right to seek compensation, regardless of the merits of your case.
Get a Free Consultation From a Saginaw Wrongful Death Lawyer
If you believe your family member’s death was caused by someone else’s negligence or misconduct, it is important to act quickly to protect your rights. With decades of experience and a skilled team, the Lee Steinberg Law Firm, P.C., in Saginaw County stands ready to secure the compensation you deserve. Don’t wait to seek the justice and closure your family needs. Contact the Lee Steinberg Law Firm, P.C. today, and let us help you take the necessary legal action. For more information or to schedule an initial consultation, please call 989-300-0775 or contact our Saginaw law office online today.