Seeking Justice for Families After Fatal Accidents and Injuries
Losing a loved one is among the most painful experiences in life. Unfortunately, the grief and emotion can be even more intense if the person died due to a preventable accident or injury. The good news is that the law may be on your side. Michigan’s Wrongful Death Act allows surviving family members and dependents to recover compensation from the party that caused the death if it was due to negligence, recklessness, or intentional wrongdoing, such as drunk driving or a violent crime.
At Barrix Law Firm, we have over 30 years of experience helping families in Grand Haven and Ottawa County navigate the complexities of wrongful death lawsuits. Our Grand Haven wrongful death attorney is dedicated to helping families recover the compensation they need to secure their future while finding justice for their loved one. If you’re wondering whether you have a wrongful death case, it’s time to find out. We’re here to answer your questions, provide legal advice, and represent you in these important claims.
Table of Contents
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil claim that can be filed in court if someone died due to another party’s wrongful acts. This includes accidental injuries caused by negligence as well as intentional acts and instances of gross negligence where the defendant failed to take necessary steps to prevent serious harm.
In Michigan, wrongful death lawsuits must be filed by the decedent’s personal representative. This responsibility falls on the executor of the will or a similarly qualified person appointed by the court. If successful, the claim can result in a settlement or verdict that provides compensation to surviving family members, particularly the decedent’s spouse and children.
Examples of Common Wrongful Death Cases in Grand Haven
Here in Ottawa County, wrongful death lawsuits often arise from fatal auto accidents, workplace injuries, medical errors, and defective products. By pursuing a wrongful death claim, your family may receive vital financial support and a sense of closure. Learn more about the cases our Grand Haven wrongful death attorney handles:
Medical mistakes ranging from surgical errors to delayed cancer diagnoses can have devastating consequences for patients and their families.
Items that fail due to manufacturing defects or dangerous designs, such as faulty auto parts or appliances, can cause deadly injuries and property damage.
If your family has been affected by a similar tragedy, our experienced legal team can provide clear guidance on what to expect during your case. We have recovered substantial wrongful death settlements for our clients, and we have the resources needed to go up against reckless drivers, local health care systems, major employers, and manufacturers.
Elements of Proof in Wrongful Death Cases
To build a successful wrongful death case in Michigan, your attorney must establish 4 key elements with definitive evidence.
- Duty of Care: The defendant owed the decedent a duty of care, such as an obligation to drive safely, provide competent medical care, or maintain a safe workplace.
- Breach of Duty: The defendant violated this duty through intentional or unintentional acts, such as negligence or recklessness.
- Causation: This breach was the direct cause of the death. In other words, the accident would not have happened if the breach had not occurred.
- Damages: Your family must show measurable losses as a result of the death, such as medical bills, lost income, and emotional distress.
At Barrix Law Firm, our goal is to ensure that your family is fully compensated for all losses. We work diligently to gather the evidence needed to meet the burden of proof whether that means hiring accident reconstructionists, recovering surveillance footage, or consulting expert witnesses who can demonstrate the emotional and financial impact of your loved one’s death.
Types of Wrongful Death Compensation
Michigan law allows surviving family members to seek several types of damages in wrongful death cases. The exact value of a claim depends on many factors, including the decedent’s age, health, earning capacity, and any medical bills incurred due to the injury.
Our wrongful death lawyers in Grand Haven assemble robust evidence, including medical records, financial documents, expert opinions, and personal impact statements, to maximize compensation for your family. Here’s what may be included:
Medical Bills
Wrongful death lawsuits can help to recoup the cost of medical care related to a fatal injury or illness.
Final Expenses
The defendant may be responsible for paying funeral and burial expenses to help your family find closure.
Lost Financial Support
Families may recover lost wages and future income that the descendant would have earned up to retirement age.
Loss of Companionship
Spouses and children may be entitled to non-economic damages for loss of love, guidance, and comfort.
Pain and Suffering
Wrongful death lawsuits can compensate the estate for the pain and emotional distress that your loved one experienced before their death.
Exemplary Damages
In cases involving extreme negligence or malicious intent, the court may award exemplary damages to punish the wrongdoer for their actions.
Why Choose Barrix Law Firm in Grand Haven?
Choosing a personal injury attorney for any type of accident claim is an important decision. The stakes may feel even higher when you’re dealing with the grief of losing someone who was close to you. At Barrix Law Firm, we aim to be trusted advocates that you can rely on when it matters most. With over 32 years of legal experience in criminal defense and civil law, Jason Barrix has helped many local families through some of life’s most difficult challenges. Learn more about what we have to offer.
Decades of Experience: We know Michigan’s wrongful death laws inside and out, which helps us handle even the most complex cases.
Proven Results: Jason Barrix has recovered multiple wrongful death settlements up to insurance policy limits to help clients maximize their recovery.
Small-Town Service: By working with a small local law firm, you have easy access to our team. We’re available to answer your questions whether you call or stop by.
Convenience: With 2 local offices, we’re proud to serve clients across West Michigan and the Tri-Cities, including Grand Haven, Spring Lake, Ferrysburg, Nunica, and beyond.
Local Insight: We have deep insight into Michigan law, local courts, insurance companies, and major businesses that are active in this area.
Compassion: To us, you aren’t just a case. By using the law, we attempt to honor your loss and help you pursue justice for your loved one and your family.
Grand Haven Wrongful Death FAQs
It does not cost anything to hire attorney Jason Barrix for your wrongful death case. Like most personal injury lawyers in Grand Haven, we work on a contingency basis. This means that there’s no upfront cost or retainer. We only get paid if we recover compensation for your family. Any fees will be deducted from the final settlement or award.
Many wrongful death cases settle out of court, but our wrongful death attorney is prepared to present your case to a judge and jury if necessary. We negotiate assertively, but if we cannot reach an agreement that reflects your family’s true losses, litigation may be the best option. Trials are more common in medical malpractice cases and claims where liability is disputed.
In Michigan, the statute of limitations for most wrongful death claims is 3 years from the date of death per MCL 600.5805. There are some exceptions for children and in cases where the estate’s personal representative passes away before the action is filed. If your loved one died due to a medical error, you have 2 years to bring a medical malpractice claim. Speak to a lawyer as soon as possible to avoid missing deadlines.
Under Michigan law, the following parties may be entitled to damages recovered through a wrongful death lawsuit or settlement:
- The decedent’s spouse
- The decedent’s children
- Descendants
- Parents
- Grandparents
- Siblings
- Stepchildren
- Those named in the decedent’s will
An additional hearing may be held to ensure that proceeds are distributed fairly and equitably.
Pursuant to MCL 600.2922, wrongful death lawsuits and any other legal action brought on behalf of an estate must be filed by the decedent’s personal representative. This is their executor or a similarly qualified person appointed by the probate court. The personal representative also has a duty to notify any relatives or heirs who may be entitled to compensation through wrongful death litigation.
Let’s Seek Justice for Your Loved One
If your family is coping with a wrongful death that occurred in Grand Haven, Spring Lake, Ferrysburg, Nunica, or anywhere in Ottawa County, time matters and so does experience. Barrix Law Firm is ready to guide you through every step of the wrongful death litigation process. To get started, give us a call, or complete our online intake form to request a free case review. We will help you take the next step toward achieving justice for your family and the people you love.
