Losing a loved one due to someone else’s negligence is a devastating experience. If you believe you have a wrongful death lawsuit in Michigan, it is essential to understand the state’s laws surrounding such claims. This blog will provide an overview of Michigan’s wrongful death laws and how an experienced wrongful death attorney in Michigan can assist you during this difficult time.

Definition of wrongful death in Michigan

In Michigan, wrongful death occurs when an individual’s death is caused by another party’s wrongful act, neglect, or fault. This could include fatal accidents, medical malpractice, product liability, or intentional harm. If a person’s death would have warranted a personal injury lawsuit had they survived, it may give rise to a wrongful death lawsuit in Michigan.

Who can bring a wrongful death lawsuit in Michigan

Certain family members have the right to file a Michigan wrongful death lawsuit. Eligible parties usually include spouses, children, parents, or siblings of the deceased. If there are multiple eligible family members, the law specifies an order of priority for filing the lawsuit.

Types of damages available in Michigan wrongful death cases

In Michigan wrongful death cases, various types of damages may be awarded to compensate for the loss. Economic damages cover financial losses like medical expenses, funeral costs, lost wages, and more. Non-economic damages address intangible losses such as pain and suffering, loss of companionship, and emotional distress. An experienced attorney can help quantify these damages and present a compelling case for their fair assessment.

Time limits for filing a wrongful death lawsuit in Michigan

There is a statute of limitations for filing a wrongful death lawsuit Michigan, usually three years from the date of the death (MCL 600.2922(2)). Failing to file within this timeframe can result in losing the right to seek compensation. However, certain circumstances may extend the statute of limitations, such as discovering new evidence later.

Important Additional Time Limits in Wrongful Death Claims

Within 30 days of filing a Michigan wrongful death accident lawsuit, the personal representative for the deceased’s estate must provide a copy of the complaint and notice to the deceased’s family members who may be entitled to a portion of the proceeds from any Michigan wrongful death recovery. (MCL 600.2922(2))

If a car accident victim “dies before the period of limitations has run or within 30 days after the period of limitations has run,” his or her estate may file a wrongful death lawsuit “within 2 years after letters of authority are issued although the period of limitations has run.” (MCL 600.5852(1))

Importantly, however, the wrongful death lawsuit “shall not be commenced . . . later than 3 years after the period of limitations has run.” (MCL 600.5852(4))

Unique aspects of Michigan’s wrongful death laws

Michigan’s wrongful death laws may have unique aspects that can significantly impact the case. For example, there may be limitations on damages recoverable in certain situations or specific requirements for presenting expert testimony. An experienced wrongful death attorney in Michigan is well-versed in these nuances and can navigate them effectively.

The role of an attorney in a Michigan wrongful death case

During this emotional and complex process, having a compassionate and experienced wrongful death lawyer Michigan is crucial. Your wrongful death attorney Michigan can guide you through the legal intricacies, ensuring all necessary documentation is prepared accurately and submitted within the deadlines. They will represent your interests in court and fight to maximize the damages awarded in your case.

Conclusion

Facing a wrongful death case in Michigan can be overwhelming, but understanding the state’s laws can provide some clarity during this difficult time. Seeking assistance from an experienced wrongful death attorney at Barrix Law can make a significant difference in achieving the compensation you deserve. Contact our compassionate team to learn more about our services and how we can help you with your case.