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 provide the support needed to pursue your claim effectively.
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.
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.
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.
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.
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.
In such cases, if the deceased could have filed a personal injury lawsuit 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.
Selecting a Qualified Wrongful Death Lawyer
The outcome of your wrongful death case will be significantly influenced by your choice of lawyer. 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
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.
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.
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.
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.
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. 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.
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.
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.
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.
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 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.
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. Missing this deadline could mean losing the opportunity to seek justice and compensation for your loved one’s death. However, there are exceptions.
This is why it is important to talk to a wrongful death lawyer.
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. 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.
Summary
Hopefully, this page has helped you understand Michigan wrongful death claims.
We’ve covered everything from the role of an experienced wrongful death attorney 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.
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.