Have you lost a loved one due to the negligence of someone else or as a result of a product or machinery malfunction? Taking legal action may not be your immediate priority however, talking to a lawyer may allow you to hold the negligent party accountable and recover damages on behalf of the deceased. If you are considering your options, meeting with an experienced Clare wrongful death lawyer from Jay Trucks and Associates may be in your best interest.
Our wrongful death lawyers have over 150 years of combined experience advocating for Michigan injury victims and recovering millions of dollars in compensation on their behalf. This includes a $1 million recovery in a case where a 17-year-old woman and her unborn baby were killed in a car crash. Founder, Jay Trucks, is a member of both the Michigan Trial Lawyers Association and the American Trial Lawyers Association.
If you believe the death of your family member or loved one could have been prevented, schedule a free consultation. Our Michigan personal injury lawyers are prepared to hear the details of your claim. There is no fee for this consultation. You only pay if we recover compensation on your behalf.
Call us today at (800) 762-8623.
How is a Wrongful Death Defined?
According to Michigan’s wrongful death statute, a wrongful death is one caused by a wrongful act, neglect, or fault of someone else and, if the victim had survived, he or she would have had grounds to take legal action against the person responsible for the injury (Michigan Compiled Laws Section 600.2922).
In other words, you must prove your loved one’s death resulted from negligence, which includes the following elements:
- Duty of care – The at-fault party had a legal obligation to take reasonable steps to protect others from harm. Reasonable steps may include obeying traffic laws, removing slip and fall hazards from a retail store, or providing care that meets accepted medical standards.
- Duty of care was breached – If the defendant fails to uphold his or her legal obligation to protect others from harm, the duty of care may have been breached.
- Causal link – You or your lawyer must prove that there is a direct link between the breached duty of care and the injury or death of your loved one.
- Damages – You or your lawyer must provide evidence of damages such as medical bills, lost income the deceased would have earned, funeral and burial costs, loss of society and companionship, and pain and suffering while still conscious.
The attorneys at Jay Trucks and Associates understand how devastating a wrongful death can be. We are here to answer your legal questions during this difficult time.
Types of Wrongful Death Cases
A wrongful death can happen in many different situations and have many different causes, including:
Motor Vehicle Crashes
This includes car and motorcycle crashes, along with crashes involving commercial trucks and passenger vehicles or motorcycles. Unfortunately, these crashes are often due to driver negligence, such as:
- Drunk driving
- Distracted driving
- Drowsy driving
- Violating another vehicle’s right of way
There is a high risk for fatal consequences with certain forms of medical malpractice, such as surgical negligence, anesthesia errors, medication errors, and misdiagnosis/delayed diagnosis.
Nursing Home Abuse
When residents’ basic needs are neglected, they can suffer malnutrition and dehydration, severe bedsores, and other medical issues that may lead to death.
When a product does not work as intended, or the manufacturer or designer fails to warn people about the risks associated with their product, the results can be catastrophic.
Millions of workers are injured or die each year in workplace accidents. When an employee dies while on the job, their family members may be entitled to compensation through workers’ compensation insurance, or they may have grounds to file a wrongful death case.
Unsure if you may have a claim? Our wrongful death lawyers are prepared to review your situation.
Schedule your free legal consultation by calling today. Phone: (800) 762-8623
Which Family Members Can File a Wrongful Death Claim?
The personal representative of the deceased’s estate is the only one granted the right to file a wrongful death action. Within 30 days of the start of legal action, the personal representative is required to provide a copy of the complaint to those who may be entitled to damages, which may include the deceased’s:
If none of these people are living, damages pass to those who would inherit the estate under the laws of intestate succession, such as aunts, uncles, first cousins, etc.
Once those eligible to receive compensation for damages find out about the lawsuit, they have 60 days to notify the estate of the damages they suffered as a result of the wrongful death. If they fail to provide notice within those 60 days, their claims may not be included in the case.
Compensation That May Be Available in a Wrongful Death Claim
Michigan law specifically says you can recover the following damages in a wrongful death lawsuit:
- Medical expenses, including hospital bills
- Funeral and burial expenses
- Pain and suffering experienced by the deceased between the time of injury and death
- Lost financial support, including wages and income the deceased would have likely earned if he or she lived
- Loss of society and companionship of the deceased suffered by loved ones who will no longer have a relationship with the deceased
If the lawsuit is successful and compensation is awarded, medical, hospital, funeral, and burial expenses will be paid directly from the proceeds of the settlement. Other damages are split up among family members named in the deceased’s will.
It is important to have a qualified attorney on your side to determine the full value of a claim and who may be eligible for compensation.
The Clare wrongful death attorneys at Jay Trucks and Associates are prepared to aggressively pursue maximum compensation.
Contact us 24/7. Ph: (800) 762-8623.
When Should I File my Claim?
Under Michigan’s statute of limitations, the deadline for a wrongful death claim is three years from the date of death. If you attempt to file after those three years pass, the case will likely be dismissed from court.
In the case of medical negligence, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death.
There may be other exceptions that lengthen or shorten the deadline for your claim. It is important to contact a lawyer immediately to find out the deadline for your potential case.
Get in Touch with a Clare Wrongful Death Attorney Today
If you lost a loved one because of the negligence of others, you may be eligible to file a lawsuit to pursue compensation for damages such as medical expenses, funeral and burial costs, pain and suffering, and loss of companionship.
The Clare wrongful death attorneys at Jay Trucks & Associates are prepared to discuss your claim in a free consultation. For more than 30 years, we have been helping the people of Michigan get the financial assistance they need. We have obtained more than $500 million in compensation on behalf of our clientele.
Contact us today to schedule your free consultation. There are no risks involved and you do not have to pay us unless we win fair compensation for your case.
Free Consultation With a Lawyer. Ph: (800) 762-8623.
Clare Wrongful Death Lawyers FAQ
What is wrongful death?
According to Michigan law, a wrongful death is a death caused by a wrongful act, neglect, or fault of someone else. The act should also be that, if the victim had survived, he or she would have had grounds to take legal action against the person responsible for their injury.
Family members and dependents who have lost a loved one due to another person’s negligence may be able to file a wrongful death lawsuit and seek compensation for damages, such as medical expenses, funeral and burial costs, pain and suffering, and loss of companionship
What are the elements of a wrongful death lawsuit?
Under Michigan law, you must prove that your loved one’s death resulted from the negligence of another, defined by the following elements:
- The at-fault party had a duty of care to take reasonable steps to protect others from harm, such as following the rules of the road.
- That duty of care was breached. For example, the at-fault party disregarded their duty to follow the rules of the road and drove recklessly.
- The breached duty of care caused the fatal injury to your loved one.
- There must be damages due to the death, such as medical expenses, lost income the deceased individual would have made in their lifetime, and funeral and burial expenses.
What is the deadline to file a wrongful death lawsuit in Michigan?
The deadline, or statute of limitations, for filing a wrongful death lawsuit in Michigan is three years from the date of the death. However, if the death was due to medical negligence, then the filing deadline is only two years from the date of the death.
There may be other deadlines depending on the circumstances of your loved one’s death, which is why it is recommended that you contact a lawyer as soon as possible so that you don’t miss any filing deadlines. Also, be aware that it takes time for your attorney to prepare your case for filing, so it’s best not to delay.
Who can file a wrongful death lawsuit in Michigan?
Wrongful death actions can only be filed by the personal representative of the decedent. A personal representative is either the executor or administrator of the deceased person’s estate or the person legally authorized to act on the behalf of the decedent or their estate.
Who gets the money in a wrongful death lawsuit in Michigan?
Within 30 days of the personal representative beginning legal action, the personal representative must give a copy of the complaint to anyone who may be entitled to damages, such as a spouse, children, parents, grandparents, or siblings.
If there are no living family members, damages are passed down to those who would inherit the decedent’s estate according to the laws of interstate succession.
What damages can I be compensated for in a wrongful death lawsuit?
Under Michigan law, damages that may be recovered in a wrongful death case include medical expenses, funeral and burial expenses, pain and suffering the deceased suffered before passing, lost wages or income the decedent would have earned had they lived, and loss of companionship to the surviving loved one.
Can I file a wrongful death lawsuit after a car accident?
There are several situations in which someone can die due to another person’s negligence, including motor vehicle accidents. Many of these crashes are due to drunk driving, distracted driving, and drowsy driving.
Defective products, medical malpractice, workplace accidents, and other factors can also contribute to the wrongful death of another person.