Losing a loved one is one of the hardest things a family can face, especially when the death could have been prevented. When someone else’s careless or reckless actions cause a fatal injury, Michigan law gives surviving family members the right to file a wrongful death claim. These cases can’t undo the loss, but they can help you recover the financial support your family has lost and hold the at-fault party responsible.
At the Lee Steinberg Law Firm, we’ve been standing up for Michigan families for more than 50 years. We understand how difficult this time can be, and we work hard to make the legal process as simple and stress-free as possible. If you’re ready to talk about what happened and what your options may be, our Southfield wrongful death lawyers are here to help.
Why Hire Us for Your Wrongful Death Claim?
Our personal injury law firm has represented families across Michigan in wrongful death claims for over five decades. We know how hard it is to even think about legal action when you’re mourning the loss of a loved one, but waiting too long can make it harder to hold the other side accountable. We’ll gather the evidence, communicate with insurance companies, and keep you updated as your claim progresses.
- Over 50 Years of Experience: Our firm has focused on injury and fatal accident claims since 1973. You’ll benefit from the insight we’ve gained after decades of securing compensation for families in similar situations.
- Proven Results in Fatal Accident Cases: We’ve recovered substantial settlements and verdicts in cases involving fatal car crashes, workplace incidents, medical malpractice cases, and dangerous property conditions. Our results speak to our ability to take on insurance companies and large defendants and fight for a full and fair outcome.
- No Fee Unless We Win: Our personal injury lawyers don’t charge upfront fees. If we don’t win your case or recover a settlement, you owe us nothing. Our work is paid for out of the recovery itself, which means you can get legal help now, without worrying about hourly rates or out-of-pocket costs.
- Strong Negotiators and Trial Lawyers: While many cases settle before trial, not all do. Insurance companies sometimes refuse to take responsibility or offer far less than what a case is worth. We’re prepared for that. From day one, our wrongful death attorneys build your claim as though it may go to court, so if it does, we’re ready.
- Help With Probate and Estate Issues: A wrongful death claim must be filed through the estate of the person who died. That usually means appointing a personal representative and handling court paperwork. We can help you make sure that any settlement is properly distributed.
What Counts as Wrongful Death in Michigan?
In Michigan, a wrongful death claim can be filed when someone dies because of another person’s negligence, recklessness, or intentional actions. This type of claim is based on the same legal principles as a personal injury case. The difference is that the injured person is no longer alive to bring the case themselves, so the law allows their estate to bring it on their behalf.
Common situations that lead to wrongful death lawsuits include fatal car accidents, truck accidents, motorcycle collisions, medical negligence, unsafe property conditions (premises liability), and workplace injuries. A claim may also arise if a dangerous or defective product causes a fatal incident. In each case, the estate must show that the other party had a duty to act carefully, failed in that duty, and caused the death as a result.
It’s important to understand that not every fatal incident meets the standard for a wrongful death lawsuit. There must be proof that the other party did something wrong or failed to act when they should have. This is where legal experience is critical. Our experienced attorneys review the facts, work with qualified experts, and gather the documentation needed to show that the death should never have happened.
Who Can File a Wrongful Death Claim in Southfield, MI?
Under the Michigan Wrongful Death Act, Wrongful death claims must be filed through the estate of the decedent. That means the first step is to appoint a personal representative, usually through probate court. This person has the legal right to file the lawsuit, gather evidence, and negotiate a settlement on behalf of the estate and the surviving family members.
Once a claim is filed, certain family members may be eligible to receive compensation. This can include surviving spouses, children, parents, grandparents, siblings, and anyone who was financially dependent on the person who died. Stepchildren and other close relatives may also be considered, depending on the situation. The court ultimately decides how the compensation should be divided among eligible parties.
There’s a deadline for taking legal action. In most cases, the estate has three years from the date of death to file a wrongful death lawsuit, but waiting can make the case harder to prove later on. That’s why it’s important to speak with a wrongful death lawyer as soon as possible. We’ll help you understand who can bring the claim, how the process works, and what steps to take next.
Damages You Can Recover in a Wrongful Death Case
Michigan law gives certain family members the right to seek compensation when someone dies because of another person’s actions. The available economic and non-economic damages can account for medical costs, practical losses, and the absence of care and companionship.
- Medical Expenses Before Death: If your loved one received medical attention before they passed away, the estate can recover those costs. This includes ambulance transport, emergency room treatment, hospital stays, surgeries, medications, and any other medical care provided before death.
- Funeral and Burial Expenses: The estate can claim reasonable costs for the funeral, burial plot, casket or urn, cremation, memorial service, and related services. These funeral expenses are considered direct out-of-pocket costs tied to the fatal incident.
- Lost Wages and Future Earnings: If the person who passed away helped provide financially for the household, surviving dependents may be able to claim any lost income. This includes current wages, future earnings, lost benefits, and income they were likely to generate based on their work history and career path.
- Loss of Care, Companionship, and Support: After a wrongful death, families are left without that person’s guidance, emotional presence, and day-to-day care. You may be able to recover damages for loss of the support, affection, and stabilizing role that they provided within the family.
- Pain and Suffering Experienced: If the person lived for a time after the incident, the estate may recover damages for what they endured. This includes both physical pain and emotional distress. Medical records, witness testimony, and expert opinions can help demonstrate what they experienced before passing.
- Loss of Household Services: Many people contribute to their families in unpaid ways, such as childcare, meal preparation, errands, home maintenance, or helping an elderly parent. These services carry real value. If those tasks now require outside help or shift the burden to others in the household, that can be reflected in the damages.
- Loss of Inheritance: In some cases, damages may include what surviving relatives would likely have received over time had the person lived and continued building financial assets. This may apply when the deceased was the primary earner or had a growing estate.
Each of these categories must be supported with evidence. We gather pay stubs, tax returns, bills, and family statements to make sure the full impact of the loss is recognized. Our Southfield wrongful death lawyers can help you account for everything the at-fault party should be held responsible for.
What to Do After Losing a Loved One Due to Negligence
The days and weeks after a fatal accident are difficult and disorienting. You may be focused on funeral arrangements, family matters, and simply getting through each day. Taking legal action may not feel like a priority, but waiting too long can make it harder to hold the right people accountable. If you believe someone else caused your loved one’s death, there are several steps you can take now to protect your family and preserve your options.
- Gather Key Documents: Start collecting important records. This includes the death certificate, accident reports, police reports, medical bills, and any paperwork related to the event. If you have emails, text messages, or photos related to what happened, save those too. These documents may help support your claim later.
- Avoid Speaking to Insurance Adjusters: Insurance companies may contact you early (sometimes within days) to ask questions or offer a settlement. Their goal is to limit what they pay. It’s best to avoid giving statements or accepting any payment until you’ve spoken with a lawyer. What you say can be used against you, even if you’re just trying to be helpful.
- Preserve Evidence if You Can: If the death involved a vehicle, unsafe property, or defective machinery, or equipment, take photos and write down what you remember. The more details you have, the easier it will be for your legal team to investigate. If possible, gather contact information for any witnesses or bystanders who were present.
- Avoid Posting About the Incident on Social Media: It’s natural to want to share memories or updates online, but anything posted publicly can be seen by insurance companies and defense attorneys. Even well-meaning posts can be taken out of context. Try to limit public comments until after your case has been reviewed.
- Talk to a Wrongful Death Lawyer: A consultation can help you understand whether you have a case, what your next steps should be, and what to expect. There’s no obligation to file a claim right away, but having a clear picture of your legal rights can help you make informed decisions.
Taking these early steps can make a difference, especially when time-sensitive evidence is involved. We’re here to answer your questions, explain your options, and take action when you’re ready.
How Long Do You Have to File a Wrongful Death Lawsuit in Michigan?
Michigan’s wrongful death statute gives the personal representative of the estate up to three years from the date of death to bring a claim. This legal deadline is known as the statute of limitations. If the case is filed even one day late, it can be dismissed without review. This rule applies whether the death was caused by a motor vehicle accident, medication error, workplace incident, or any other type of negligence.
There are a few exceptions, but they’re narrow and rarely granted. For example, if the person responsible left the state or used false identity information, the deadline might be paused for a short period. In medical-related cases, the clock may not begin until the cause of death is discovered. If you’re unsure about the deadline in your case, we’ll review the facts and let you know where things stand, without pressure or obligation.
Contact a Southfield Wrongful Death Lawyer Today
Losing a beloved family member in a preventable accident is something no one should ever go to. But if it happens to you, you don’t have to handle everything by yourself, nor should you.
At the Lee Steinberg Law Firm, our personal injury attorneys can help your family recover financial losses and hold the responsible party accountable. You can call us with questions, no matter where you are in the timeline. We’ll review the facts, explain your legal options, and let you know what you can expect moving forward. For more information, call 1-800-LEE-FREE or complete our online form to speak with a Southfield wrongful death lawyer today.