Reaching out to an experienced attorney can be an important step to take after the unexpected loss of a loved one due to someone else’s negligence or intentional actions.
I was kept up to date on everything. I would highly recommend them to anyone in need of this type of legal issue.
– S. Perez
The Traverse City wrongful death attorneys at Jay Trucks and Associates understand the devastation from these situations, and we offer a free, no-obligation legal consultation to discuss potential legal action. If you have a case and choose to hire our firm, there are no upfront fees for our legal services. We do not get paid unless you receive compensation for the damages caused by your loss.
For more than three decades, the attorneys at our firm have been dedicated to recovering financial compensation for victims of negligence. Altogether, our lawyers have more than 150 years of combined experience, and we have recovered more than $500 million in compensation for our clients.
Unsure if you may have a case? Have questions about the legal process?
Call today: (800) 762-8623. No upfront fees.
How Does Michigan Define a Wrongful Death?
In Michigan, a wrongful death is any death resulting from the wrongful act, neglect or fault of someone else. According to state law, the victim would have been able to take legal action if he or she had survived.
Our attorneys need to prove your loved one’s death resulted from negligence to have a chance of recovering compensation. Negligence is a legal theory that is applied in most personal injury cases and refers to a breach of a duty of care that is directly connected to an injury and damages.
A duty of care is a legal obligation to take reasonable action, as a reasonable person would, if he or she was in a similar situation. If that duty is breached, and your attorney is able to link it directly to your loved one’s death and damages suffered, you may have a case.
Our Traverse City wrongful death lawyers are here to answer your questions about whether you may have a case. Call (800) 762-8623.
Causes of Wrongful Death
A wrongful death could happen in any number of situations, particularly motor vehicle accidents, whether they involve cars, trucks, SUVs or other passenger vehicles or commercial trucks like semi-trucks and 18-wheelers.
Serious motor vehicle accidents that result in death are often the result of a driver’s wrongful actions, such as:
- Driving over the speed limit
- Driving the wrong way
- Driving while intoxicated
- Distracted driving
- Driving while drowsy
- Violating right-of-way laws
However, there are many other situations that may result in wrongful death, from boat accidents and dog attacks to asbestos exposure and workplace accidents. Nursing home abuse, medical malpractice and defective product accidents can also be severe enough to lead to death.
Doctors could cause death through anesthesia errors, poor sanitation that leads to a fatal infection, misdiagnosis or medication errors. Nursing home residents could die because of severe neglect that causes bedsores or lack of food or water.
Can I File a Wrongful Death Claim?
The personal representative of the victim’s estate is the only one legally allowed to file a damages claim, under Michigan law.
If you are the personal representative, you must provide a copy of the complaint filed to those who may receive compensation from the lawsuit, if it is successful:
- Husband or wife
- The deceased’s descendants
- Brothers or sisters
If there are no spouses, children or others, or they are no longer alive, damages would be paid to the person or persons who receive the victim’s estate according to the laws of intestate succession.
You have 60 days from the date you are notified of the lawsuit to tell the estate the damages you suffered, otherwise those damages will not be included in the case.
Could you be eligible for damages? Call today to discuss the situation with a licensed attorney. (800) 762-8623
How Much Could My Case Be Worth?
If our Traverse City wrongful death lawyers find you have a valid case, there are several forms of compensation we may be able to pursue:
- Medical costs, such as the cost of treating your loved one in the hospital before his or her death
- Funeral and burial costs
- Pain and suffering your loved one suffered between the injury and eventual death
- Loss of financial support (wages and income your loved one would have probably earned if not for death)
- Loss of society and companionship because you or other loved ones will no longer have the relationship with the victim
Compensation for certain damages, such as funeral, hospital and burial expenses, come directly from any settlement awarded in the case. The rest of the damages are paid out as planned in the deceased’s last will and testament.
What is the Wrongful Death Statute of Limitations?
The short answer is three years from the date of your loved one’s death. That means a claim must be made within those three years or you will likely lose the right to bring such a claim.
There may be exceptions to this deadline, when claims must be filed sooner or can be filed later. However, it is important to work with a licensed attorney who can determine if any of these exceptions may apply. It is best not to assume your claim may fall under an exception without talking to an attorney.
You should also talk to an attorney as soon as possible, that way he or she has plenty of time to determine if you have a case. If you do have a case, your Traverse City wrongful death attorney needs time to investigate and build a robust case to pursue maximum compensation.
Contact a Traverse City Wrongful Death Attorney
Seeking financial compensation may not be one of the first things families think about after losing a loved one from a preventable situation.
However, at Jay Trucks and Associates, we have seen how compensation helps injury victims and surviving family members as they try to move forward. Our Traverse City wrongful death lawyers are dedicated to pursuing maximum compensation for the physical, financial and emotional damages suffered by the victim and his or her loved ones.
Schedule a free consultation to learn more. There is no obligation on you to hire our firm or pursue a case. We do not charge you up front for providing legal representation. We only get paid if our clients are compensated.
For more than three decades, we have been recovering fair compensation for injury victims across the state of Michigan – $500 million recovered for our clients.
Jay Trucks and Associates. Ph: (800) 762-8623.