Many accidents that result in fatal injuries are often preventable and the result of another’s negligence. The unexpected loss of a loved one can leave surviving family members with many questions, including how to take legal action to help cover medical bills, funeral and burial costs, and other losses or damages that may be associated with the incident.
At Jay Trucks & Associates, we have helped many Michigan residents seek justice and compensation after a wrongful death. In over 30 years, our firm has successfully recovered over $500 million in compensation for our clients. Some recoveries include $1,950,000 on behalf of the estate of a victim involved in a truck collision and $1,300,000 on behalf of the estate of a car accident victim.
Call to schedule a free consultation with one of our reputable lawyers to learn more about the criteria for filing a wrongful death claim. There are no upfront fees if you retain the services of one of our Lansing wrongful death lawyers, and we only get paid if you do.
Jay Trucks & Associates. Ph: (800) 762-8623.
How Wrongful Death is Defined in Michigan
Michigan defines a wrongful death as one caused by a wrongful act, neglect or fault of another. A wrongful death claim can proceed to court if the deceased person would have been able to file a personal injury claim if he or she had survived, even if the death is the subject of a criminal investigation.
Situations that could result in a wrongful death include the following:
- Car accidents
- Slip and falls
- Motorcycle crashes
- Truck accidents
- Defective products
- Medical malpractice
- Boating accidents
- Workplace accidents
For answer to your legal questions, reach out to our legal team for more information about these claims.
Eligibility to File Wrongful Death Claims
Under state law, only the personal representative of the deceased person’s estate is eligible to file a wrongful death claim. All claims must be filed within a 30-day period and a written notice must be sent to the surviving family members outlining the claim.
Certain survivors may be able to recover damages:
- Brothers and sisters
- Children of the deceased person’s spouse
- Anyone left property in the deceased person’s will
If there are no surviving family members or there is no will in place, anyone who would inherit the estate of the deceased person may qualify to recover damages. This could include aunts, uncles or first cousins.
Family members or individuals named in the will have 60 days to notify the estate of any damages suffered. Failure to adhere to this deadline will likely result in being unable to pursue compensation.
Damages Available for a Wrongful Death
Every wrongful death claim is unique and so are the damages available. Generally, the court may award monetary damages to the estate to help cover reasonable hospital and medical costs, as well as reasonable funeral and burial expenses. Any damages left over are then split between the family members and those named in the will.
Other potential damages could include:
- Lost wages and income the deceased person would have earned if still alive
- Pain and suffering the deceased person endured prior to death
- Repair or replacement of property damage
- Loss of companionship, care and guidance
- Pain and suffering caused by the untimely death
Free Consultation. No upfront fees. Ph: (800) 762-8623.
Time Limit for Taking Legal Action
Michigan adheres to a specific time limit for a personal representative to take legal action on behalf of a deceased person. If a claim is not filed within this time frame, the court will likely dismiss the case.
In most instances, wrongful death claims must be filed within three years from the date of death. While three years may seem like enough time, the legal process can be both difficult and time consuming.
Evidence Required to Prove a Wrongful Death
Building a strong case requires the assistance of an experienced Lansing wrongful death lawyer by your side. Our legal team at Jay Trucks & Associates are prepared to conduct a thorough investigation to help you gather evidence to prove that negligence caused, or contributed to, your loved one’s death.
This evidence could include:
- Police or accident reports
- Eyewitness statements
- Expert testimony
- Photographs of the accident scene
- Medical reports
- Video footage of the incident
- Death certificates
- Autopsy reports
- Tax returns
We are here to help you understand the types of evidence that can be used in your situation.
Call a Lansing Wrongful Death Attorney to Get Started
After the sudden death of a loved one due to negligence, we recommend consulting with a Lansing wrongful death attorney from our firm for legal help. You may be able to recover damages for your losses or damages.
For your free consultation, reach out anytime to our lawyers by phone or online today. We work on a contingency fee basis, so there are no upfront fees. You only pay us if we help you obtain compensation.
We are here to help. Ph: (800) 762-8623.