Losing a loved one before their time is sure to be one of the most difficult experiences you and your family have ever had to face. Other family and friends can provide emotional support, but you also need strong legal support to fight for justice and financial security.
A Novi personal injury lawyer from White Law PLLC is ready to provide that legal support. A knowledgeable, compassionate Novi wrongful death lawyer from our firm will work to hold the party who caused your loved one’s death accountable for the loss of life and subsequent financial and emotional distress your family has endured.
Wrongful Death Lawsuits in Novi, Michigan
Michigan allows those injured in accidents caused by another party to hold that party accountable for paying them–the victims–compensation for the resulting injuries and consequences.
When victims die from those injuries, their surviving family suffers tremendous loss and still face the injustice and financial distress incurred by that loss. Through its wrongful death claim statute, established in the Michigan Compiled Laws (MCL) §600.2922, Michigan gives victims and their families the opportunity to seek justice.
According to the law, wrongful death claims are warranted when a person’s death is “caused by a wrongful act, neglect, or fault of another,” and the person had they survived, would have been entitled to “maintain an action and recover damages.”
The statute of limitations for wrongful death lawsuits in Michigan is three years. This statute makes it essential to connect with an attorney long before that deadline passes.
A “personal representative” named in the deceased’s estate must file the claim. If none has been named, the court will appoint one, and this representative must send written notice of the filing to family members entitled to receive wrongful death damages within 30 days.
A wrongful death claim can help your family recover, and White Law PLLC can help you and your family navigate the process and move toward that recovery.
Wrongful Death Claim Beneficiaries
The personal representative is not the party who collects damages from a wrongful death claim. This entity files on behalf of eligible beneficiaries. The Michigan wrongful death statute identifies these beneficiaries as:
- Surviving spouse, children, and descendants
- Surviving parents, siblings, grandparents
- Surviving children of the deceased’s spouse
- Those left property in the deceased’s will
While a personal representative is responsible for distributing these deceased’s assets, it is best to have an experienced wrongful death lawyer in Novi oversee the process. Often, emotions run high after an untimely death. The team at White Law PLLC understands this and will work to keep things running smoothly and peacefully while protecting surviving family members’ rights to compensation.
Your Fight Is Our Fight
Damages Potentially Available to Beneficiaries
As with personal injury claims, beneficiaries for wrongful death claims can collect both economic and non-economic damages. Victims often underestimate their losses or struggle to put a dollar amount on non-economic damages, as defined in MCL §600.1483b(3). An experienced Novi wrongful death attorney will examine your situation and the losses incurred by your loved one’s death to calculate a fair settlement amount.
The wrongful death statute allows victims to seek:
- “Reasonable” medical and end-of-life expenses
- “Reasonable” compensation for pain and suffering experienced by the deceased, if they survived and were conscious for a time between the incident causing the injuries and subsequent death
- Recovery of lost financial support provided by the victim
- Acknowledgment of loss of society and companionship from the deceased
Of course, “reasonable” can be interpreted differently by the different stakeholders. You can expect the parties responsible for paying you compensation to define a reasonable amount as one lower than you and your grieving family deserve. Your attorney will come to the negotiating table armed with documentation proving the extent of your losses and fight to ensure a just outcome.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Proving a Wrongful Death Claim
Any preventable accident that leads to death may be grounds for a wrongful death claim. However, collecting a settlement requires evidence. The team at White Law PLLC knows how to prove a wrongful death in Michigan and will get to work collecting the necessary evidence as soon as we enter a partnership with you.
Reasons for Wrongful Death Claims
A wrongful death attorney in Novi can help you no matter what type of accident causes your loved one’s untimely death. Incidents prompting wrongful death claims include, among others:
- Vehicle Crashes: Car, motorcycle, truck, boat, and bus accidents can cause immediate death or injuries that ultimately lead to death.
- Pedestrian Accidents: Pedestrians and cyclists are vulnerable road users and a clear underdog when involved in collisions with motor vehicles.
- Nursing Home Abuse or Neglect: Residents of nursing care facilities are often older adults or disabled. Physical abuse or neglect, such as denying adequate nutrition or medical care, can cause their premature death.
- Product Malfunctions or Defects: Malfunctioning or defective vehicles or vehicle parts can cause deadly accidents. However, even “small” products, such as bottled chemicals with poorly designed, unsecure packaging, can lead to poisoning.
- Accidents on Another Person’s Property: Falls, perhaps caused by a broken stair or unlit stairwell left unremedied by the property owner, can cause preventable deaths.
- Workplace Accidents: Falls, electrocutions, accidents with malfunctioning power tools, or caused by inadequate safety equipment can lead to workplace deaths.
- Acts of Violence: Domestic violence, assaults, and other violent criminal acts often have deadly results.
Our team has the resources to investigate the accident in question, collecting decisive evidence to support your claim and prove each of the four elements of negligence. Your Novi wrongful death attorney will present evidence to show:
- The at-fault party owed your loved one an obligation of safety–they had a legal duty to take measures to preserve your loved one’s well-being.
- The at-fault party did not fulfill their obligation–they breached this duty.
- The breach led to the accident, causing your loved one’s death.
- You have suffered measurable losses because of this death.
We understand that you may be going through a difficult situation and we are ready to help however we can.
A Novi Wrongful Death Lawyer Will Fight for Justice for Your Loved One and Your Family
Losing a loved one puts families in a state of despair. The grief alone is overwhelming, and the sense of injustice is often all-consuming. But untimely deaths also bring very practical fears, and the stress of future financial instability looms large.
By fighting for substantial compensation, White Law PLLC can help you regain a sense of justice and ease your financial worries so you can focus on healing.
We’re Experienced. We Care.
We Exceed Client Expectations.