Losing a loved one is always painful, and that pain is only magnified when the loss is caused by a preventable accident. Oftentimes, in these situations, the death was the result of another person’s carelessness. This could qualify your loss as a wrongful death, giving you the right to seek compensation.
A compassionate Dearborn wrongful death lawyer can likely help you find some relief in this turbulent time. Your dedicated Dearborn personal injury lawyer at White Law PLLC can discuss the details of your situation and determine whether you have grounds for a wrongful death claim. You may be entitled to a hefty settlement, so do not hesitate to reach out with your claim.
Determining When You Have Grounds for a Wrongful Death Claim
A wrongful death, defined under Michigan Compiled Laws (MCL) §600.2922, refers specifically to when the action or inaction of another caused a person’s death. This can be a willful act, negligence, or any other situation where another person is responsible for someone’s death. Accident or not, the party responsible is liable for the damage they have caused and can be made to pay.
While willfully ending another person’s life is a criminal matter in some cases, your lawsuit and their criminal charges are separate matters as described by the Michigan Trial Courts. The burden of proof in criminal court is much higher, sometimes allowing the wrongdoer to walk away without a conviction, but you can still use that evidence for your case. You still have grounds for a civil lawsuit, where we can help prove they were liable for the death.
Whatever the situation, if you believe a close family member lost their life due to another person, your wrongful death attorney in Dearborn, MI, may be able to help you. We can determine whether the other party is legally liable and for what amount. We can then help you through your claim, doing everything possible to get you a settlement that eases the financial burden left by their passing.
Your Fight Is Our Fight
Eligibility for Wrongful Death Can Be Complicated
When you are injured, you are the plaintiff, you get to sue on your behalf. When the plaintiff is deceased, however, the matter becomes more complex. Only certain people are legally allowed to sue on behalf of a dead person, determined by state law.
In Michigan, you are only allowed to pursue the claim in court if you are the decedent’s personal representative. This could include the decedent’s spouse, children, dependents, parents, grandparents, and siblings. If none of these are available, the court system may assign a representative.
This can be a complicated matter, but your skilled wrongful death lawyer in Dearborn, MI, can help better determine where your claim stands. There are other situations in which you may be able to represent the deceased through various legal processes, such as probate. However, the closer your familial relationship to the person in question, the more priority you are given in terms of representation.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Injury Claim Types that Can Result in Wrongful Death
Several types of personal injury cases often result in wrongful death. Many accidents that could result in catastrophic injury can also easily result in death, particularly among older adults. Some common examples include:
- Slips, trips, and falls
- Car accidents
- Pedestrian accidents
- Medical malpractice
- Truck accidents
- Workplace accidents
- Boating accidents
According to the Centers for Disease Prevention and Control (CDC), there were 224,935 unintentional injury deaths in 2021. Michigan also has a high rate of traffic fatalities, according to the MSP Newsroom, and had 3,145 medical malpractice cases between 2018-2022. While it may be frightening how common these accidental deaths are, we hope you can find comfort in knowing you may have a path before you to fight back.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Compensation Can Help Your Family Recover
The ultimate goal of a wrongful death case is to demand compensation for your loved one’s wrongful death. This comes in the form of a cash settlement based on the overall value of your claim and paid by the responsible party. While this is sometimes managed through insurance negotiations, it is often decided by a judge in the courtroom.
While it is impossible to place a monetary value on a lost loved one, the damages caused by their death can still be calculated. This is based on a few factors, both concrete and abstract. While challenging to manage on your own, your Dearborn wrongful death attorney can calculate these expenses.
Economic Losses
The loss of a loved one can often have a significant effect on your finances. Funerals and burials are expensive, and if your household relied on the deceased as the primary financial contributor, that income stream is gone. If someone has caused this economic loss, they should be the ones to make up for it.
Economic losses are often not a one-time thing, restricted only to the aftermath of the death. The loss of a household breadwinner may leave a family with no or reduced income, particularly if the rest of the household is unable to work. White Law PLLC can work out a plan that works for you, ensuring that your finances are stable in the future.
Pain and Suffering
Non-economic damages, defined under MCL §600.1483, are a common part of most personal injury cases, but they are never more relevant than in wrongful death claims. The pain of losing a spouse, parent, or family member outweighs the financial strain in many situations, and that can also be addressed in your compensation. If someone is responsible for the anguish caused by that loss, they should be compelled to pay.
Punitive Damages
While rare in most cases, a judge may be more likely to add punitive damages, defined under MCL §445.911, to a wrongful death claim. These are fines applied to your settlement as punishment for criminal wrongdoing, which often applies when someone has lost their life. Often, these are sought in a civil case if a criminal case fails.
You will always work directly with your attorney throughout your case.
Reach Out to a Compassionate Dearborn Wrongful Death Lawyer for Guidance and Support Today
Regardless of the reason, if you have lost a loved one due to the actions of another, you should contact a Dearborn wrongful death attorney with the details of your claim. We can help you build your case, file the claim, and negotiate for the maximum possible settlement. Should the case wind up in front of a judge, we will provide valuable representation to help you come out on top.
White Law PLLC could be the right choice for your wrongful death claim, with thousands of success stories and more than $1 billion won for our clients. We are ready to help you mourn your loss and fight for a just outcome. You can contact us 24/7 by calling our office or completing our online contact form.
We’re Experienced. We Care.
We Exceed Client Expectations.
