Wrongful Death
Fight For Compensation After a Loved One's Death
If someone you love died due to negligence, a wrongful death lawsuit can help you and your family get the due compensation you deserve. Call Somberg Law, PLLC now to speak with a wrongful death attorney in Bingham Farms, Michigan. Attorney Nick Somberg has the experience needed to build a solid case and help you get compensation for a loved one’s death.
Wrongful death lawsuits are designed to provide compensation for the financial and emotional losses caused by the untimely death of a loved one. Michigan law allows wrongful death claims in cases where the death was caused by negligence, recklessness, or intentional harm, such as in car accidents, medical malpractice, defective products, or workplace accidents.
Under Michigan’s wrongful death statute, the personal representative of the deceased’s estate files the lawsuit on behalf of the surviving family members. Eligible beneficiaries typically include the deceased’s spouse, children, parents, siblings, and, in some cases, other relatives who were financially dependent on the deceased. The compensation sought in these cases may cover a wide range of damages, such as medical expenses incurred before the death, funeral and burial costs, lost future earnings, loss of companionship, and emotional pain and suffering.
The process of pursuing a wrongful death lawsuit can be complex, requiring thorough investigation and expert testimony to prove liability and calculate damages. Establishing negligence or fault often involves gathering evidence, consulting accident reconstruction specialists, medical experts, or workplace safety consultants, and navigating Michigan’s legal procedures. Additionally, wrongful death claims in Michigan must adhere to strict deadlines, known as statutes of limitations, which typically require filing within three years of the death. Missing this deadline can bar your family from seeking compensation.
Our team provides guidance, handle the legal complexities, and fight to secure the maximum compensation for your family. While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death lawsuit can ease financial burdens, hold negligent parties accountable, and provide a sense of justice and closure for grieving families.
FAQs
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action filed by the family or estate of someone who has died due to another party’s negligence, recklessness, or intentional actions. The goal is to recover compensation for the losses suffered by surviving family members.
Who can file a wrongful death lawsuit in Michigan?
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and guidance for surviving family members
- Pain and suffering experienced by the deceased before death
What types of damages can be recovered in a wrongful death lawsuit?
The statute of limitations for most wrongful death cases in Michigan is three years from the date of the deceased’s death. Failing to file within this timeframe may result in losing the right to pursue a claim.
What types of incidents can lead to a wrongful death claim?
- Car, truck, or motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts, such as assault or homicide
What is the statute of limitations for wrongful death lawsuits in Michigan?
The statute of limitations for most wrongful death cases in Michigan is three years from the date of the deceased’s death. Failing to file within this timeframe may result in losing the right to pursue a claim.
How is fault determined in a wrongful death case?
Fault is determined through evidence such as police reports, witness testimony, expert opinions, and documentation of the defendant’s actions or negligence that contributed to the death.
Can a wrongful death claim be settled out of court?
Yes, many wrongful death cases are resolved through negotiated settlements. However, if an agreement cannot be reached, the case may go to trial.
How is compensation distributed among family members?
In Michigan, the court determines how the settlement or award is divided among the deceased’s beneficiaries based on their level of dependency and relationship to the deceased.
Can punitive damages be awarded in Michigan wrongful death cases?
Michigan law does not generally allow punitive damages in wrongful death cases, but compensation may cover significant economic and non-economic losses.
Do I need a lawyer for a wrongful death case?
Yes, hiring an experienced wrongful death attorney can help navigate complex legal processes, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
Can a wrongful death lawsuit be filed if the deceased had a will?
Yes, a wrongful death claim can be filed regardless of whether the deceased had a will. The personal representative of the estate handles the claim and the distribution of any awarded damages.
What happens if the defendant is facing criminal charges?
A wrongful death lawsuit is a civil case and can proceed independently of any criminal charges. Even if the defendant is not convicted in criminal court, they may still be held liable in a civil wrongful death lawsuit.
How long does a wrongful death case take to resolve?
The timeline varies depending on the complexity of the case, the willingness of parties to settle, and whether the case goes to trial. Some cases are resolved in months, while others may take years.
What if multiple parties are responsible for the death?
If multiple parties are responsible, Michigan law allows the claim to be filed against all liable parties. The court or settlement process will determine the proportion of liability and damages owed by each party.
