Death and grief are an unfortunate part of the human experience. We will all experience grief in our lives, but when it is thrust upon us because of someone else’s negligence or malice, it can be particularly painful.
When this happens, our Shelby Township wrongful death lawyer with White Law PLLC will be there to help you navigate your grief and fight to protect your interests.
No one should have to struggle with bills and costs while they are also trying to cope with the tragic loss of a loved one. Our Shelby Township personal injury lawyer is prepared to work with you while valuing your experience and utilizing cutting-edge technology to provide accessible communication. Our firm has over 60 years of cumulative experience to inform a unique and tailored approach to your case.
The Circumstances of Wrongful Death
No one expects to lose a loved one suddenly or tragically, especially because of someone else. The Michigan Department of Health and Human Services reports over 7,000 deaths in recent years due to accidents or homicide. Some of the more commonly seen causes of wrongful death include:
- Motor vehicle accident
- Medical malpractice or neglect
- Hit and run
- Premises Liability accident
- Intentional act
Some of these instances may be entirely accidental, and a civil lawsuit is your only chance to seek some kind of justice. However, in circumstances that result in criminal charges, you may be eligible to seek compensation in civil court in addition to the criminal charges. Regardless of the circumstances, you need a diligent, proven Shelby Township wrongful death lawyer to support you in holding responsible parties accountable.
Shelby Township Wrongful Death Lawsuit Eligibility
Pursuing a wrongful death lawsuit is not an option for just anyone who the loss of the decedent may hurt. Michigan Compiled Laws (MCL) §600.2922 states that those entitled to damages consist of the children, grandparents, spouse, siblings, or the designated representative of the estate. In some cases, the children of the decedent’s spouse may also be eligible.
In addition to having a legally approved relationship with the decedent, you must act within approved timeframes. You must file the wrongful death lawsuit within three years of the date of death to be within the statute of limitations for wrongful death lawsuits in Michigan. Failure to do so may mean your right to seek compensation is waived.
Your Fight Is Our Fight
How a Shelby Township Wrongful Death Attorney Can Help
Navigating a wrongful death claim can be a source of significant mental and emotional strain, especially when you are already navigating grief for the loss of your loved one. A wrongful death attorney in Shelby Township can provide some support to lighten that load. Some of the many things our attorney at White Law PLLC can help with include:
- Collecting evidence to establish the liability of the other party. This can include getting eyewitness statements, medical records, police reports, and other documentation
- Manage all communication relating to the lawsuit, allowing you to stay a little more removed from the legalities of your loss
- Navigate the requests and delays with the insurance company
- Prepare for and handle your case at trial
Our team has immense procedural and subject knowledge of wrongful death cases, allowing us to provide exceptional case results. We also prioritize the client and offer comprehensive care and support. It is important to us that you feel educated and prepared for what is happening in your case.
We know how to get our clients the results they need in the toughest legal arenas.
Foundations of a Shelby Township Wrongful Death Case
To be successful in any civil case, the burden of proof is on the plaintiff to show that someone behaved negligently and caused the death. When determining how to prove wrongful death in Michigan, a Shelby Township wrongful death attorney operates to establish four truths. Establishing these concepts builds a story of what happened and provides evidence of why the defendant is being held accountable for the death.
Duty of Care
The first point is that the defendant had a duty to protect the decedent. In a car accident, this could be the obligation to obey driving laws, or in the case of medical malpractice, the duty of care may be that the physician adhered to best practice and standard of care guidelines. If no duty of care is established, there is no way to show that the defendant behaved negligently.
Breach of Duty
When you have shown the defendant had a duty of care, you must then show that this was somehow breached. This could mean the person ran a red light in the car accident scenario. Medically, this could mean the physician was intoxicated.
Causation
The last piece of a successful personal injury case is establishing that the defendant’s behavior was directly related to the decedent’s death.
For example, if the person ran a red light, hit the decedent’s vehicle, and the impact killed them, this is the connection an attorney strives to make. A similar but separate point is that the decedent would have died if not for the action of the other person and the injuries sustained or damages incurred.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Shelby Township Wrongful Death Damages
Similar to the duty of care issue, there is no ground for a lawsuit if there are no damages from the accident. However, in the case of a wrongful death, the damage done to the individual and their friends and family is evident. Some of the ways we may classify these damages for compensation are:
- Medical costs from injuries from the accident
- Funeral and burial costs
- Supplement expected income or benefits
- Loss of consortium
- Wages from missed work due to the death
- Pain and suffering
- Diminished quality of life
The specific damages you claim will be dependent on your case and situation. In some cases, children of the decedent may be eligible for compensation for loss of parental guidance and relationship. Working with an experienced attorney will give you the best chance of recovering the maximum compensation available to you.
You will always work directly with your attorney throughout your case.
Call a Wrongful Death Lawyer in Shelby Township Today
Coping with the tragic loss of a loved one is difficult, and managing finances and paperwork after death can be overwhelming even when you don’t have additional legal concerns. At White Law PLLC, we understand this is a vulnerable time, and we firmly believe in your right to seek closure, justice, and compensation for your loss.
Call today to speak with a wrongful death lawyer in Shelby Township. We provide free case consultations to assess your situation and determine which of our services are most appropriate for your situation. You deserve support in your pursuit of justice.
We’re Experienced. We Care.
We Exceed Client Expectations.
