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Hire Andriacchi Law’s Michigan Wrongful Death Lawyers for Your Legal Battle
In the wake of a wrongful death in Michigan, families are often left with the question: “What now?” Hiring the right Michigan wrongful death attorneys is pivotal in answering this question.
A Michigan wrongful death lawyer will help you understand your legal rights, the legal steps ahead, and the importance of timely legal action to pursue your claim effectively.
Experienced attorneys can provide crucial legal assistance, helping families navigate the complexities of wrongful death claims and alleviating some of the burdens during such difficult times.
This article dives into the essentials of wrongful death claims, the roles of skilled wrongful death attorneys in Michigan, and what families should expect as they seek accountability and closure.
Key Takeaways for Wrongful Death Attorneys Michigan
- Expert Michigan wrongful death attorneys guide families through the complex legal process, offering initial consultations at no cost and ensuring the family’s rights are protected.
- A personal representative, typically appointed by the probate court, is essential for filing and handling all legal matters of a wrongful death claim on behalf of the deceased’s estate.
- Michigan wrongful death lawsuits allow surviving family members to claim both economic and non-economic damages and it’s critical to act within the three-year statute of limitations to seek compensation.
What Are Wrongful Death Claims? Why Do I Need a Michigan Wrongful Death Lawyer?
If you’ve lost someone to a wrongful death in a car accident, truck accident, or other horrible injury, the last thing you need to worry about is navigating complex legal processes. Families who have lost a loved one due to wrongful actions are entitled to significant compensation, which can cover lost financial support and companionship.
That’s where an experienced Michigan wrongful death attorney comes in. They help families through the intricate process of Michigan wrongful death claims, providing support and guidance at every step. Criminal prosecution may or may not occur alongside civil lawsuits, but it does not affect the survivors’ right to sue for damages.
From investigating the incident and determining the full value of the case to ensuring the family’s rights are protected under the Michigan Wrongful Death Act, a wrongful death lawyer serves as a beacon of hope in these trying times. If a loved one has died in a fatal accident due to someone else’s negligence, families deserve support and compensation through wrongful death claims.
At Andriacchi Law, we offer a free initial consultation with a Michigan wrongful death lawyer at no charge. It offers a platform for the family to discuss the wrongful death case, receive initial advice on their legal options, and gain insights into potential compensation, including burial expenses. Compensation can be sought not only for negligence or carelessness but also for any other wrongful act that leads to a person’s death, showcasing the complexity and breadth of wrongful death claims.
Just talking with Dominic Andriacchi Jr. can dramatically alter your situation. He can reduce your stress, give you hope, and help you develop an action plan moving forward.
Understanding Michigan’s Wrongful Death Statute
In Michigan, Michigan law defines a wrongful death as an event where someone’s wrongful act, neglect, or fault results in another person’s death. This comes from the Michigan’s Wrongful Death Statute. Medical malpractice is a critical issue within the healthcare sector and can lead to wrongful death cases resulting from negligence by healthcare professionals.
In such cases, if the deceased could have filed a personal injury claim had they survived, a wrongful death claim can be filed.
However, because they are deceased, their estate steps in the deceased person’s shoes. Then, it is the personal representative of the deceased person’s estate who initiates the wrongful death lawsuit on behalf of the eligible family members.
Why would someone file a wrongful death lawsuit? People might file a wrongful death civil lawsuit for various reasons. Generally, any time someone does a negligent act or a wrongful act and it results in another person’s death, they can be sued in a civil lawsuit.
The causes of a wrongful death claim can range from car accidents, truck accidents, and even intentional actions such as assault or homicide.
For all the reasons that personal injury lawsuits can be filed under Michigan law, a wrongful death lawsuit can be filed as well.
The outcome of a wrongful death claim depends on several factors, such as:
- the type of wrongdoing (such as auto accidents, truck accidents, bike accidents, or assault and battery)
- how the death occurred (quickly or over a protracted period) and the suffering endured
- whether it could have been avoided, and
- the impact of negligence on the death.
An experienced wrongful death lawyer can guide you through these complex considerations and help build a robust legal claim.
Our law firm of experienced lawyers will help you with your Michigan wrongful death case and recover damages. Call now for a free consultation. Having strong legal representation with substantial financial and legal resources can significantly enhance the pursuit of maximum compensation for clients impacted by the negligence of others.
Selecting a Qualified Wrongful Death Lawyer
The outcome of your wrongful death case will be significantly influenced by your choice of lawyer. Experienced wrongful death attorneys play a crucial role in guiding clients through the complexities of wrongful death cases. A wrongful death lawyer in Michigan needs to:
- Be well-versed in proving negligence, carelessness, or recklessness that caused someone’s death
- Have in-depth knowledge of the Michigan wrongful death statute, including the three-year time limit for filing a lawsuit
- Have experience in handling wrongful death cases and a proven track record
Personal injury lawyers are essential in handling wrongful death claims, as they can effectively gather evidence, negotiate settlements, and represent clients in court to pursue maximum compensation.
An attorney with these qualifications can navigate the legal terrain and advocate for you effectively.
In your initial consultation, ensure you:
- Inquire about the lawyer’s previous experience with wrongful death suits
- Assess the strength of your case for a wrongful death claim
- Understand what types of compensation you may be entitled to under the wrongful death act.
Types of Accidents That Result in Wrongful Death
Car Accidents
Car accidents are a leading cause of wrongful death in the United States. According to the National Highway Traffic Safety Administration (NHTSA), over 36,000 fatalities occurred in motor vehicle crashes in 2020 alone. These tragic incidents can stem from various factors, including distracted driving, drunk driving, speeding, reckless driving, and failure to obey traffic laws.
When a loved one is killed in a car accident, the emotional and financial toll on the family can be overwhelming. In such cases, it is crucial to seek the advice of an experienced wrongful death lawyer. They can help determine if a wrongful death lawsuit is viable and guide you through the legal process to seek justice and compensation for your loss.
Truck Accidents
The Role of a Personal Representative in a Wrongful Death Case
In a wrongful death case, the personal representative holds a critical position. They’re responsible for filing the lawsuit and handling all legal matters related to the case on behalf of the wrongful death victims. It is crucial to hold the negligent party accountable for their actions, which caused the death or injury of another person.
The probate court usually appoints someone from the decedent’s heirs (like a family member) listed in the will to be the personal representative, a decision often made collectively by the family. Under state laws, only the surviving spouse, along with children or parents, may initiate such claims, highlighting the importance of understanding these legal nuances.
Once appointed, the personal representative:
- Represents the estate of the deceased
- Files the wrongful death lawsuit on its behalf
- Undertakes all necessary legal actions to prove wrongful death against the defendants and pursue compensation.
Types of Damages Recovered in Michigan Wrongful Death Lawsuits
Plaintiffs (the estate and deceased person’s family) in a Michigan wrongful death lawsuit can recover compensation for both economic and non-economic losses. These are the same types of damages you can recover compensation for in all types of personal injury cases. The Michigan Wrongful Death Act discusses this.
Economic losses may include quantifiable damages such as:
- medical expenses
- funeral and burial costs
- lost wages and
- loss of future earnings.
Non-economic damages cover human losses like pain and suffering, mental anguish, and loss of companionship from the decedent’s death.
The surviving spouse and family members of the deceased, including children and dependents, are eligible to receive compensation from a wrongful death lawsuit. The amount they receive is determined based on various factors, including:
- the circumstances surrounding the death
- the age and health of the deceased person
- and the financial support the deceased person provided to the family.
Compensation can also help alleviate the financial burden on families, providing relief from the financial strain following an accident.
Financial compensation is a critical remedy for survivors, ensuring they receive monetary relief while holding the responsible parties accountable.
Key Steps in Filing a Wrongful Death Claim in Michigan
Step 1 is hiring an experienced Michigan wrongful death attorney to file a wrongful death claim. They can guide you through the legal process and emphasize the importance of timely legal action. They will help you understand your legal rights under state law and the best steps to take.
Step 2 is to open an estate in the name of the decedent and notify the at-fault party (the person or company who caused your loved one’s death) that you will seek compensation for the wrongful death.
In the meantime, gathering solid evidence is crucial to support your claim. This might include witness testimony, medical records, or any other relevant evidence that substantiates the negligence of the at-fault party responsible for your loved one’s death. Evidence collection is essential to build a strong case.
Finally, step 3 is to file suit if need be.
Proving Negligence in a Michigan Wrongful Death Suit
In a wrongful death lawsuit, the plaintiff must prove negligence. They must show that it’s more likely than not that the defendant’s negligence led to the death of their loved one.
Gross negligence refers to actions that involve an extreme degree of risk and a conscious disregard for the safety of others. This legal definition is crucial in determining eligibility for exemplary or punitive damages in wrongful death claims.
The first step in this process is to establish that the defendant had a duty of care towards the deceased. An easy example of duty is, as drivers on Michigan roads, we know that we must stop at a red traffic light or someone else in another car could get hurt.
Second, the plaintiff needs to prove a breach of that duty. In our above example, breach of the duty would be failing to stop at the red light.
Third, the plaintiff must show causation – a definitive link between the breach and the death. Gathering and presenting evidence to substantiate the defendant’s negligence is a critical step in this process. Given the complexities involved in proving negligence, it’s advisable to have an experienced lawyer who can:
- Collect and analyze relevant evidence
- Interview witnesses
- Consult with experts
- Build a strong argument in court
Let’s continue with the previous example. Let’s say the negligent driver runs a red light. While in the intersection, they t-boned another car in the intersection who had a green light. In the crash, the driver who had the green light was killed.
In this hypothetical, duty, breach, and causation are all established. When the person dies, the wrongful death is proved. Holding the negligent party accountable is essential to ensure justice and prevent future negligence.
Fourth and finally, the plaintiff must show they are entitled to damages, which means that the decedent and surviving family suffered damages. These are the economic and non-economic damages we discussed before.
Dealing with Insurance Companies
Navigating the claims process with insurance companies can be particularly challenging in wrongful death cases. Insurance companies often aim to minimize the compensation they pay out, employing various tactics to achieve this goal. Common strategies include denying liability, offering low settlements, delaying the claims process, and requesting unnecessary documentation.
Having an experienced wrongful death lawyer on your side is essential when dealing with insurance companies. A wrongful death lawyer can help you navigate the claims process, counteract the insurance company’s tactics, and ensure that you receive the compensation you deserve. Their expertise can make a significant difference in the outcome of your wrongful death claim.
The Impact of Michigan Law on Wrongful Death Settlements
A lot of people want to know what is a wrongful death lawsuit worth.
The factors that we discussed before come into play in determining the amount awarded in a wrongful death settlement. These factors include:
- the circumstances of the death
- the deceased’s age and health
- the financial support provided to the family and
- the financial impact on the family.
In addition to these factors, punitive damages can be sought in cases where the defendant’s actions were willful, grossly negligent, or showed a conscious disregard for the safety of others.
In Michigan, compensation for pain and suffering from a wrongful death lawsuit is generally exempt from income tax. This provides some financial relief to the surviving family members.
The distribution of the settlement among family members is guided by the personal representative’s recommendation. If any family member disagrees with the proposed distribution, they can challenge it in the probate court. The judge assigned to the case will make the final decision. Monetary compensation is crucial in civil lawsuits as it helps the family recover from the financial impact of their loss.
Time-Sensitive Considerations: Statute of Limitations and Filing Deadlines
Michigan law allows three years from the death date of your loved one to file a wrongful death claim, known as the statute of limitations. Missing this deadline could mean losing the opportunity to seek justice and compensation for your loved one’s death. However, there are exceptions.
It is crucial to initiate legal action promptly to ensure that your rights are protected and to navigate the complexities involved in such proceedings.
This is why it is important to talk to a wrongful death lawyer.
Pursuing Justice and Accountability
Pursuing justice and accountability is a critical aspect of the wrongful death process. Filing a wrongful death lawsuit can hold the responsible party accountable for their actions and provide a sense of closure for the surviving family members. An experienced wrongful death lawyer can help you pursue justice and accountability by thoroughly investigating the circumstances surrounding the death, gathering evidence to support your claim, and filing a wrongful death lawsuit.
Additionally, a wrongful death lawyer will negotiate with the insurance company or defendant on your behalf and represent you in court if necessary. Choosing a lawyer with a proven track record of success in handling wrongful death cases is essential. They can navigate the complex legal process and ensure that you receive the compensation you deserve, helping your family find some measure of peace and financial stability after such a devastating loss.
The Cost of Hiring a Wrongful Death Attorney in Michigan
In Michigan, the cost of hiring a wrongful death attorney is typically taken on a contingency fee basis. This means you only pay the attorney for attorney fees if you receive a settlement. Experienced attorneys with substantial legal resources can provide the necessary support to pursue maximum compensation for clients impacted by the negligence of others. The attorney’s fees are deducted from the final settlement as a pre-agreed percentage.
In Michigan, the typical attorney fee percentage is 33%
In addition to the attorney’s fees, there are case expenses to consider. These include costs related to filing fees, expert witness fees, and other costs associated with preparing and trying the case. While monetary compensation cannot replace a lost loved one, it serves to alleviate the financial burden on the affected family following an accident.
Summary
Hopefully, this page has helped you understand Michigan wrongful death claims.
We’ve covered everything from the role of experienced wrongful death attorneys in guiding clients through the complexities of wrongful death cases to the importance of the personal representative in the case. We’ve also discussed the types of damages that can be recovered, the steps to file a claim, the process of proving negligence, and how Michigan law impacts wrongful death settlements. We even touched upon the time-sensitive considerations and costs associated with hiring a wrongful death attorney.
It is crucial to seek legal assistance promptly following a fatal accident to navigate the complexities of wrongful death claims effectively.
Remember, seeking justice for your loved one’s untimely death is a battle worth fighting, and you don’t have to do it alone. Call Andriacchi Law today to talk with a Michigan wrongful death attorney about your wrongful death claim. You can either fill out the form below or click the button to call now.