A family member’s death can be devastating. If someone else is responsible for the loss of your loved one, you may be able to hold them financially accountable. With help from a compassionate Kalamazoo personal injury lawyer, you can evaluate all of the legal options at your disposal.
At White Law PLLC, we understand the emotional toll that comes with a loved one’s death. If you are dealing with the financial consequences of the loss of a family member caused by a negligent party, our Kalamazoo wrongful death lawyer may be able to help you and your family through this difficult time. To learn more, contact us today.
Wrongful Death Definition
Per Michigan Compiled Laws (MCL) §600.2922, a wrongful death occurs due to an act of neglect or fault of another. There are many reasons why this type of death may happen. These include:
- Car accident
- Medical malpractice
- Motorcycle crash
- Truck collision
You cannot change the fact that a family member is the victim of someone else’s negligence. However, you may be able to work with a wrongful death attorney in Kalamazoo, MI, who can help you take legal action against an at-fault party. Your lawyer may be able to gather evidence to prove someone should be held financially responsible for the loss of your loved one.
Your Fight Is Our Fight
Who Is Responsible for a Wrongful Death
An attorney can answer frequently asked questions and others about who is responsible for someone else’s death. The at-fault party depends on the facts surrounding your case. Examples of defendants in death lawsuits include:
- Business owners
- Car and truck drivers
- Doctors and other medical professionals
- Government entities
Your lawyer can help you identify the at-fault party. They will learn as much as they can about your case. Your Kalamazoo wrongful death attorney can also help you prove this party was negligent.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Wrongful Death Liability
To prove liability, it may be best to hire a Kalamazoo wrongful death lawyer who has helped clients achieve outstanding case results. This lawyer may be able to show an at-fault party was negligent. They may be able to verify the following elements of negligence were present at the time of your family member’s death:
- Duty of Care: An at-fault party had a legal obligation to avoid careless and reckless acts that could put people in danger.
- Violation of Duty of Care: The party ignored their obligation, engaging in acts that endangered others.
- Causation: Because this party breached their duty of care, they harmed your family member.
- Damages: You are dealing with economic or non-economic losses due to the party’s actions.
At White Law PLLC, we have extensive experience with personal injury cases. Our Kalamazoo wrongful death attorney can examine your case and help you figure out if you have a valid claim. To get started, reach out to us.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Who Can File a Wrongful Death Claim
Before an attorney can help you prove a wrongful death in Michigan, they must determine if you are eligible to file a claim. A personal representative of a deceased person (decedent) may be able to submit a death claim. This representative may be a parent, child, or other blood relative of the decedent or someone responsible for managing their estate.
A wrongful death lawyer in Kalamazoo can explain the process involved in submitting a claim for compensation. They may help you calculate your damages. Your attorney may encourage you to pursue economic and non-economic compensation.
You may receive economic damages relating to a decedent’s medical costs, burial fees, and other quantifiable losses. Non-economic compensation may be awarded for pain and suffering. Your lawyer may help you craft an argument designed to show a judge or jury you deserve the most damages possible.
You will always work directly with your attorney throughout your case.
Wrongful Death Claim Statute of Limitations
According to MCL §600.5852, you may have up to three years from the day of a person’s death to submit a claim for damages. The statute of limitations for filing a claim may not be extended. If you choose not to ask for compensation within three years, you may lose the right to request damages at a later date.
A wrongful death attorney in Kalamazoo can file your claim before your statute of limitations for doing so lapses. Once your claim is submitted, they can help you gather evidence. They may also work with you to prepare an argument that will resonate with a judge or jury.
It may be difficult to consider hiring a lawyer as you grieve the loss of a loved one. An attorney serves as your legal advocate, ensuring you get the legal help you need to make informed decisions throughout your litigation. They will help you at each stage of the legal process and put you in the best position to secure a fair settlement.
Wrongful Death Case Settlement
Just because you file a death claim does not guarantee your case will go to court. In terms of how long a personal injury lawsuit takes in Michigan, the answer depends on the complexity of your case. Regardless, you may have the opportunity to settle your case and get compensation you are able to use right away.
The defendant in your lawsuit may propose a settlement at any time during your litigation. If you receive a proposal, you are not legally required to accept it. Generally, it helps to discuss a settlement offer with an attorney since they can give you insights into what may happen if you approve or decline it.
If your Kalamazoo wrongful death attorney does not believe it is in your best interests to move forward with a settlement offer, they will let you know. You get to make the final decision on a settlement proposal, even if your attorney advises you to decline it. If you feel it is best to accept a settlement, you can do so, and your attorney will help you close your case.
Partner with a Wrongful Death Lawyer in Kalamazoo
White Law PLLC fights for our clients in any way we can. Our legal team is here to assist you with your death claim. To schedule a free case consultation, contact us today.
We’re Experienced. We Care.
We Exceed Client Expectations.
