Losing a loved one is painful and life-altering, especially when someone else’s negligence or wrongful conduct causes their death. At Davis Law Center in Farmington Hills, we understand the profound grief and challenges families face in the wake of such a tragic loss. Our compassionate wrongful death attorneys are dedicated to helping you work through the legal process and pursue the compensation your family deserves. Call us today to discuss your case during a free and confidential consultation.

What Is a Wrongful Death Claim?

Under Michigan law, a wrongful death occurs when a person dies due to the “wrongful act, neglect, or fault of another.” In these cases, the deceased person’s family members could obtain compensation for their losses through a wrongful death claim. 

Many different types of accidents can lead to wrongful death claims, including:

Who Can File a Wrongful Death Claim in Michigan?

In Michigan, a wrongful death claim can only be filed by the personal representative of the deceased person’s estate. This individual, often a close family member, can be appointed by the court to manage the estate and pursue legal action on behalf of the beneficiaries. The personal representative is typically the surviving spouse, parent, or child of the deceased. Beneficiaries who may be entitled to compensation from a wrongful death claim include:

  • Surviving spouse
  • Children (including adopted children)
  • Parents
  • Grandchildren
  • Siblings
  • Other family members who were dependent on the deceased for support

Damages in a Michigan Wrongful Death Claim

A successful wrongful death claim compensates the deceased person’s family for their losses, both economic and non-economic. Damages, or compensation that may be available in a Michigan wrongful death case include:

Compensation for economic losses, including:

  • Medical expenses from the deceased’s final injury or illness
  • Burial and funeral costs
  • Lost income and future earnings the deceased would have provided
  • Lost benefits, such as health insurance or pension plans
  • Loss of inheritance

Compensation for non-economic losses, including:

  • Pain and suffering the deceased endured before their death
  • Loss of love, companionship, and emotional support
  • Loss of parental guidance for minor children
  • Mental anguish and grief experienced by the family

The Legal Process for a Wrongful Death Claim

A wrongful death claim in Michigan involves several key steps:

  • Appointing a Personal Representative: The first step is to have a personal representative appointed by the court to pursue the wrongful death claim.
  • Investigation: Your wrongful death attorney will thoroughly investigate the causes of your loved one’s death, gather evidence, interview witnesses, 
  • and consult various experts to determine the identity of the liable party and build a strong case.
  • Filing the Claim: Your lawyer will file a wrongful death claim against the insurer of the party responsible for the death. 
  • Settlement Negotiations: Your lawyer will engage in negotiations with the insurance company to try to reach an appropriate settlement.
  • File a Lawsuit: If settlement negotiations fail, your lawyer will file a lawsuit in court, outlining the facts of the case and the damages sought.
  • Discovery: All parties to the lawsuit will exchange information and evidence during the discovery process, which may include depositions, interrogatories, and document requests.
  • Additional Settlement Negotiations: Once all parties have all the relevant information, they may again attempt to settle the case. Most wrongful death cases are resolved without going to trial.
  • Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will hear evidence and determine the case’s outcome.

Statute of Limitations for Michigan Wrongful Death Lawsuits 

The statute of limitations sets the time limit within which a lawsuit must be filed, and failure to meet this deadline can result in the loss of your right to seek compensation.

The statute of limitations in Michigan allows three years from the date of the deceased person’s death in which to file a wrongful death lawsuit. This means that the personal representative of the deceased’s estate or their lawyer must file the lawsuit within three years of the death, regardless of when the injury was caused.

Some exceptions to the three-year statute of limitations for wrongful death claims in Michigan can shorten or lengthen this deadline, which is why it’s important to consult a lawyer as soon as possible. If you fail to file your claim within the applicable statutory deadline, you may be barred from seeking compensation through the courts.

Choosing the Right Wrongful Death Attorney in Michigan

When selecting a wrongful death attorney to represent your family, it is important to choose a lawyer with the experience, knowledge, and compassion necessary to handle your case effectively. At Davis Law Center, our dedicated team of wrongful death attorneys has a proven track record of success in helping families obtain the justice and compensation they deserve.

We understand that no amount of money can ever replace your loved one, but a successful wrongful death claim can provide a sense of closure and financial security for your family during this difficult time. Our attorneys will work tirelessly to hold the responsible parties accountable and work hard to obtain the compensation your family deserves.

Contact Davis Law Center for Compassionate Wrongful Death Representation in Farmington Hills

If you have lost a loved one due to someone else’s negligence or wrongful conduct, the experienced wrongful death attorneys at Davis Law Center in Farmington Hills can help. We offer free, no-obligation consultations to discuss your case and answer any questions you may have.

Please contact our office today by phone or through our online form to schedule your consultation and learn more about how we can assist you in seeking justice for your loved one. Together, we can work towards holding the responsible parties accountable and securing the compensation your family needs to move forward.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macon County, Wayne County, Oakland County, and all of Michigan.