A family member’s death can be devastating. If your loved one died as a result of someone else’s negligence, you may be able to hold the at-fault party accountable for their actions. At this point, it may be helpful to consult with a Rochester Hills personal injury lawyer who can provide legal guidance and support during this challenging time.
To date, White Law PLLC has helped personal injury case victims secure settlements and verdicts totaling over $1.4 billion. Our Rochester Hills wrongful death lawyer is available to review your case and go over your legal options with you. For more information, reach out to us.
Wrongful Death Definition
Per the Michigan Legislature, an individual can die due to a wrongful act, neglect, or fault of another person. In this situation, a wrongful death has occurred. There are many reasons why this type of death is reported, including:
- Car accident
- Defective product
- Medical malpractice
- Slip and fall accident
You may be eligible to submit a claim on the grounds of a wrongful death. At White Law PLLC, our wrongful death attorney in Rochester Hills, MI, can help you determine if you can seek damages from anyone who harmed your late family member. To learn more, contact us today.
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Your Fight Is Our Fight
Who Can File a Wrongful Death Claim
A wrongful death claim may help your family recover from a loved one’s death. You may be able to submit this type of claim if you are the personal representative of a deceased person (decedent). This representative may be a relative of the decedent, such as:
- Child
- Parent
- Sibling
- Spouse or domestic partner
It may be emotionally taxing to think about filing a claim for damages based on a family member’s death. A Rochester Hills wrongful death attorney is empathetic and ensures you receive plenty of support throughout your litigation. If your attorney believes it is in your best interests to seek damages from an at-fault party, they can help you do so and make sure your legal rights are protected as your legal proceedings move forward.
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We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
When to File a Wrongful Death Claim
The statute of limitations for wrongful death lawsuits in Michigan is three years. This means you may have a maximum of three years from the date of a family member’s death to pursue damages on their behalf. After three years, you may be ineligible to seek compensation from any at-fault parties.
A Rochester Hills wrongful death attorney may help you submit your claim before the statute of limitations for you to do so expires. They may examine your case and work with you to calculate your losses. Your lawyer may encourage you to ask for economic and non-economic damages.
You may receive economic damages for quantifiable losses and non-economic compensation for subjective ones. Economic compensation you may be awarded includes the decedent’s burial and funeral expenses and medical bills. You may get non-economic compensation based on pain and suffering.
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We know how to get our clients the results they need in the toughest legal arenas.
How Much a Death Claim Is Worth
The damages you incur relating to a family member’s death vary based on many factors. A wrongful death lawyer in Rochester Hills will work diligently to help you achieve the best case results. They will examine your case in detail to help you figure out how much to ask for in damages.
Just because you request a reasonable amount of damages in your case does not guarantee you will get this total. For instance, you may pursue compensation through a liable party’s insurance company. Since this insurer works for the at-fault, they may do everything within their power to avoid paying out your claim.
Your attorney advocates for you, even if an at-fault party’s insurance company disputes your claim. They make sure you are well-positioned to get a fair settlement. If a trial is necessary, your attorney can help you prepare your argument and present it to a judge or jury.
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You will always work directly with your attorney throughout your case.
Proving Negligence in a Death Case
You may need an abundance of evidence to prove a wrongful death in Michigan. The proof you provide may include medical records, pay stubs, and other documentation. Along with these, you may need to show the following elements of negligence contributed to your family member’s death:
- Duty of Care: A party had a legal obligation to act in a cautious and reasonable manner.
- Breach of Duty of Care: This party violated their obligation.
- Causation: Since the party chose to breach their duty of care, your family member was killed.
- Damages: You are dealing with quantifiable or subjective losses due to the party’s actions.
A wrongful death attorney in Rochester Hills gives your case the attention it deserves. They can help you gather and evaluate evidence and build a compelling body of proof. Your lawyer may also help you dispute any claims from the defendant, ensuring you may be able to secure the most damages possible.
Death Case Settlement
There is no telling how long a personal injury lawsuit will take in Michigan. Over the course of your litigation, you may have opportunities to settle. If you approve a settlement offer, you may get less compensation than what you originally requested but in less time than what would be required to bring your case to trial.
If the defendant in your case proposes a settlement, your attorney will notify you. Next, you may want to evaluate the offer with your Rochester Hills wrongful death lawyer. This gives you the opportunity to explore the proposal’s pros and cons with your attorney and hear what they have to say about the offer.
Your attorney may believe it is in your best interests to decline a settlement offer. With a settlement proposal, you make the final decision on it. In a situation where you are satisfied with an offer, you can accept it, get damages, and close your case.
Partner with a Wrongful Death Attorney in Rochester Hills
If you want legal help with your wrongful death claim, the team at White Law PLLC is here for you. Our attorney can examine your case and help you decide what to do from here. To schedule a free case consultation, contact us today.
We’re Experienced. We Care.
We Exceed Client Expectations.