Experienced Representation for Wrongful Death Claims
After the wrongful death of a loved one, many people are left with unanswered questions, severe financial damage, and anxiety about the future. At Barrix Law Firm, we have been helping families in Grand Rapids and West Michigan seek compensation in wrongful death cases since 1993.
With a deep understanding of Michigan’s wrongful death laws and a personal commitment to each client, we work tirelessly to help you navigate the process and find closure and healing. We accept a wide range of wrongful death cases including car accidents, medical malpractice, dangerous products, workplace injuries, and more. Get in touch with our Grand Rapids wrongful death lawyer today to pursue justice for your loved one.
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What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit or tort that arises when someone dies due to negligence, recklessness, or errors caused by another party.
The Michigan Wrongful Death Act, which is found in Michigan Compiled Laws Section 600.2922, details who can make a claim, the types of compensation the estate can recover, and how funds are distributed to survivors. Wrongful death cases are extremely diverse as fatal injuries can arise from a wide variety of circumstances, ranging from car and truck accidents to medical errors and dangerous products.
Below are some examples of the most common wrongful death cases that we accept.
- Medication errors or adverse events caused by dangerous or recalled drugs
Defective products, such as faulty brakes or dangerous designs, that cause fatal injuries
Intentional criminal acts, including assault, violence, or excessive force
- Fatal auto accidents involving speeding, distracted driving, or an intoxicated driver
Fatal workplace accidents like chemical burns, electrocution, falls, etc.
Medical malpractice, such as improper treatment or missed or delayed cancer diagnoses
Carbon monoxide poisoning due to negligent maintenance of appliances by landlords
Our law firm can help you file a wrongful death claim and do whatever it takes to prove negligence on the part of the other party. Wrongful death cases vary from case to case. We help surviving family members receive closure and get the justice they deserve after a wrongful death occurs.
Who Can File a Wrongful Death Lawsuit in Grand Rapids?
In Michigan, the only person who can file a wrongful death lawsuit is the personal representative for the decedent’s estate. If the person had a will, the personal representative is the executor or administrator. If the person died without a will (intestate), the probate court will appoint a personal representative. This person is responsible for representing the estate and the beneficiaries and distributing any funds to survivors.
After filing a wrongful death action, the personal representative has 30 days to serve potential beneficiaries with a copy of the complaint. Then, beneficiaries have 60 days to notify the representative for their damages. People who may be entitled to compensation in wrongful death cases include:
- The decedent’s spouse
- Children
- Parents or grandparents
- Siblings
- Other relatives
- Beneficiaries of a will or trust
Types of Compensation Available in Wrongful Death Cases
In addition to grief and emotional pain after a wrongful death, it’s common for loved ones to experience substantial financial losses due to medical bills and lost income that your loved one would have provided.
Fortunately, Michigan allows the estate and survivors to recover damages for their financial and non-financial losses. Total compensation depends on the circumstances of the accident, the decedent’s age, health, and average income, and the level of support provided to household members and relatives.
Our Grand Rapids wrongful death attorney can help estimate the value of your wrongful death claim, gather evidence to demonstrate the extent of your losses, and pursue just compensation on your behalf.
Final Expenses
The decedent’s estate can recover funds for end-of-life care, funeral or burial expenses, and related services. Damages for final expenses are typically paid to the estate before remaining funds are distributed to survivors.
Economic Damages
Economic damages compensate survivors for financial support and personal services that the decedent would have provided. Examples include health insurance or pensions, lost wages until retirement age, and household services, such as childcare.
Non-Economic Damages
Survivors are also entitled to non-economic damages to compensate for pain and suffering, emotional distress, and loss of companionship. There’s no cap on economic or non-economic damages unless the case involves medical malpractice.
How a Grand Rapids Wrongful Death Lawyer Can Help
Wrongful death lawsuits can be more complex than other personal injury cases due to the number of parties involved and the total amount of losses distributed across the person’s expected lifetime. Working with an experienced wrongful death lawyer gives you the best chance for proving your claim and recovering maximum compensation under state law. Here’s how our legal team can support you and your family throughout the process.
- Legal Knowledge: Only an attorney can provide personalized legal advice on Michigan’s wrongful death laws and how they apply to your case.
- Investigation: Our team can investigate the cause of the accident, interview witnesses, locate medical records, and consult industry experts to prove your case.
- Case Evaluation: We will itemize all of your financial and personal losses to help ensure that you are fairly compensated.
- Demands: One of the first steps before filing a lawsuit is to send a demand letter to the defendant or the defendant’s insurance company. Your lawyer will detail the facts of the case, establish grounds for liability, and list the damages requested to kickstart settlement negotiations.
- Negotiation: Wrongful death claims may go through several rounds of negotiations before a settlement is reached. At Barrix Law Firm, we use proven strategies to fight for the compensation you may deserve.
- Litigation: If needed, a wrongful death lawyer can represent you in court and present evidence to a judge or jury. Although litigation is sometimes necessary, 9 out of 10 wrongful death cases settle out of court.
- Support: Our team provides regular updates on the status of your case. We’ll handle all communication with the insurance company and answer any questions that you may have.
Grand Rapids Wrongful Death FAQs
Proceeds from wrongful death settlements are distributed to surviving family members as determined by the probate court. The judge may consider the person’s relationship to the decedent, the degree of their loss, and the level of financial support that their loved one provided. The probate court will hold a hearing to approve an order of distribution, and your lawyer may make arguments to ensure that you’re fairly compensated.
The duration of wrongful death claims depends on the complexity of the case and whether your case settles out of court or goes to trial. Simple cases can be resolved in 6 to 12 months. Contested cases involving disputed liability can take several years to resolve. Your attorney can provide more specifics based on the facts of your case.
Yes, although Michigan has a no-fault insurance system, you can file a wrongful death claim if your loved one’s injuries were caused by another party’s wrongful act or negligence. The other driver may be held responsible for recklessness, such as speeding. Other examples include distracted driving, texting while driving, or traffic violations.
In Michigan, you have 3 years from the date of death to file a lawsuit per MCL Section 600.5805. Cases involving medical malpractice or assault and battery must be filed within 2 years. Different rules apply for children and individuals who are incapacitated. Discuss your case with a wrongful death attorney in Grand Rapids as soon as possible to avoid losing your right to sue.
Contact a Grand Rapids Wrongful Death Attorney Today
It can take years to recover from the loss of a loved one or close family member. While no amount of money can undo the past, proceeds from a settlement can provide closure, prevent financial strain, and help you pay for counseling and related services to improve your well-being. At Barrix Law Firm, we have over 30 years of experience helping families recover from some of life’s most difficult situations. We will listen to your side of the story and pursue justice for your loved one and their survivors. Contact us online, or give us a call to discuss your case with an experienced Grand Rapids wrongful death lawyer. We are here to help.
