Under Michigan law, family members can file a wrongful death lawsuit to recover compensation for damages—such as pain & suffering, loss of financial support, loss of society and companionship, emotional distress, and more—when their loved one dies due to a wrongful act or negligence.

However, there is a time limit, also known as a statute of limitations, for when the lawsuit must be filed. For each state, the statute of limitations in these situations can vary. In Michigan, the family or personal representative of the deceased’s estate typically has three years from the time of death to file a wrongful death lawsuit. Medical malpractice cases can have a shorter statute of limitations.

You must show three things to prove your wrongful death case in the state of Michigan:

1. You must be able to prove that your loved one’s death was the direct result of a wrongful act or the negligence of another party
2. Your loved one must be survived by persons who are entitled to damages (generally, this means specific individuals referenced in the wrongful death statute, MCL 600.2922)
3. The death of your loved one resulted in damages

In most cases, the key to proving these things is working with a Detroit wrongful death attorney who has experience handling cases like yours. Wrongful death cases are not taken lightly and will be carefully examined, which means you will need help gathering sufficient evidence to prove the requirements listed above.

Under Michigan law, you do not have to be directly related to the decedent (the person who died) to get money in a wrongful death lawsuit. In fact, the Wrongful Death Act lists specific groups of people who may be entitled to damages if they can provide proof.  

Specifically, this can include the deceased’s:

• Spouse
• Children
• Descendants
• Grandparents
• Siblings
• Parents
• Children of the deceased’s spouse

However, it can also include other persons designated in the will, devisees under the deceased’s will, or heirs if there is no will.

Fatal car accidents can be devastating. It’s understandable that family members will be hurt, confused, and even angry when they lose a loved one in a car accident. The last thing they might want is to enter into a legal situation when they just want time to grieve.

However, certain steps need to be taken as soon as possible to ensure the best possible outcome if the family intends to file a wrongful death lawsuit.

The first step you should take after a fatal accident is getting in touch with a Detroit wrongful death attorney. They will understand what you are going through and will know best how to help you handle the situation. They can even take care of most of the complex legal matters for you, so you and your family can focus on grieving and moving on in peace.

The other reason why you should contact a lawyer immediately is that you might have insurance companies trying to get in touch with you after the accident. Instates like Michigan it is not uncommon for grieving family members to be taken advantage of by aggressive insurance companies. So, you will need to speak with a lawyer first because a lawyer can help protect you and offer you guidance on how to handle communications with the insurance company.

Car accidents are not the only situations that can lead to fatalities. Negligent doctors and medical facilities can also make errors that result in the wrongful death of a loved one. This is known as medical malpractice.

In reality, medical malpractice lawsuits are often more challenging than car accident lawsuits. This requires to work with an experienced Detroit wrongful death attorney.

Some common examples of medical errors that result in wrongful death include:

• Misdiagnosis
• Delayed diagnosis
• Surgical errors
• Lost test results or test results that get mixed up with another patient’s
• Birth injuries
• Poorly trained medical staff
• Understaffed medical facilities

The amount of money awarded in a wrongful death lawsuit can vary. There is generally no wrongful death lawsuit settlement average, as each situation is unique and depends on various factors.

However, most wrongful death case values are determined based on the damages suffered by the deceased and their family and the survivor loss benefits they are owed. These damages can include:

• Medical expenses
• Hospital expenses
• Funeral and burial expenses
• Pain and suffering
• Emotional distress
• Loss of financial support
• Loss of companionship

Wrongful death lawsuits are complex and challenging cases. A Detroit wrongful death attorney will have the specialized experience and skills to help protect your family’s legal rights and ensure you are awarded the full and fair settlement deserved.

Our team can help you:

• Investigate and verify all insurance and coverages involved in the case
• Ensure your family receives all no-fault survivor loss benefits they are entitled to
• Help you settle your case as quickly as possible