You and your family members are mourning the loss of a loved one. If your family member’s death is the result of someone else’s negligence, the furthest thing from the top of your mind may be suing for damages.
As you deal with the aftermath of your family member’s death, it may be beneficial to have a St. Clair Shores wrongful death lawyer examine your legal options.
White Law PLLC has an empathetic, caring, and supportive team. With decades of combined legal experience, we can assist you and your family members during this challenging time in your lives. Consult with a St. Clair Shores personal injury lawyer from our team.
Definition of a Wrongful Death
Per Michigan Compiled Laws (MCL) §600.2922, a wrongful death occurs due to an act of negligence or the fault of another party. For example, a motorist gets distracted, and an accident in which the other driver is killed. The at-fault driver may be liable for a wrongful death.
A surviving family member of a deceased person (decedent) may have grounds for filing a wrongful death lawsuit. It can be emotionally taxing to think about this scenario. A St. Clair Shores wrongful death attorney can explain why it may be in the best interests of you and your family to sue a liable party for damages.
White Law PLLC understands how difficult it can be to file a lawsuit following a family member’s death. We communicate and collaborate with you, ensuring you are in a great position to seek justice on your late family member’s behalf and achieve the best case results. Contact us to learn more.
Your Fight Is Our Fight
Who Is Liable for a Wrongful Death
A wrongful death lawyer in St. Clair Shores, MI can help you figure out who is liable for a late family member’s death. One or more parties may be at fault. Defendants named in wrongful death lawsuits include:
- Business owners
- Drivers
- Government entities
- Product manufacturers
- Property owners
Your attorney understands how to prove a wrongful death in Michigan. They can share their legal knowledge and insights and help you prepare an argument that makes it clear who is liable for your loved one’s death. Your lawyer also makes sure your lawsuit is filed in alignment with Michigan’s statute of limitations.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
How Much Time You Have to File a Lawsuit
The statute of limitations for wrongful death lawsuits in Michigan is three years. This time frame may not be extended. If you choose not to file a lawsuit during this period, you may lose your opportunity to seek damages on behalf of a late family member.
A wrongful death attorney in St. Clair Shores, MI can submit your lawsuit before the window in which you are allowed to do so lapses. If you have concerns about filing a claim, share them with your lawyer. This gives you the opportunity to address your concerns before you move forward with your litigation.
If you are worried it is insensitive to sue for damages based on a loved one’s death, consider what can happen if you decide not to do so. In this situation, an at-fault party does not have to cover any of the damages you and your family members face associated with your loss. Along with this, they may not have to take accountability for their harmful actions.
We know how to get our clients the results they need in the toughest legal arenas.
Damages You Can Request in a Lawsuit
Economic and non-economic damages may be awarded in your lawsuit. A judge or jury may provide economic damages for losses you can quantify and non-economic compensation based on subjective harm. Reasons why damages may be offered include:
- Burial and funeral expenses
- Lost income
- Medical bills
- Pain and suffering
In rare instances, plaintiffs can get punitive damages in Michigan. Punitive damages may be awarded to deter a liable party from committing future acts of negligence. A wrongful death lawyer in St. Clair Shores can teach you about these damages and help you pursue maximum compensation from any at-fault parties.
You will always work directly with your attorney throughout your case.
Proving Negligence in a Wrongful Death Lawsuit
A wrongful death attorney in St. Clair Shores can provide insights into how to prove a liable party is fully responsible for someone else’s death. You may need evidence to validate your case. Proof you can use includes:
- Police reports
- Witness statements
- Medical records
- Testimony from experts
In addition, your lawyer can provide an explanation of Michigan’s comparative negligence law. If someone is found to be partly or primarily responsible for a fatal accident, a judge or jury can choose to award partial damages or no compensation at all. Your lawyer works diligently to show a liable party is 100% at fault and, as such, you should be provided full damages.
How a Wrongful Death Case Gets Settled
There are times when an insurance company resolves a death case without the need for a trial. As an example, an individual dies in an auto accident caused by another driver. Since Michigan is a “no-fault” state for auto insurance, the late driver’s insurer may provide compensation, even if this individual was not responsible for the fatal crash.
If the damages you and your loved ones incur exceed a decedent’s insurance policy limits, you may seek compensation from a liable party or their insurer. Ideally, this party or their insurance provider will agree to cover your losses. Unfortunately, this is unlikely to happen, and you may have to file a lawsuit to get damages.
Your lawyer can provide a brief explanation of Michigan’s no-fault insurance and other topics that relate to your case. During your litigation, they can negotiate a settlement for you and let you know if the defendant makes an offer. If no settlement is reached, you can bring your case to trial, and your lawyer will explain to a judge or jury why damages should be awarded.
Get Legal Help from a Wrongful Death Lawyer Who Will Fight for You and Your Family
The death of a loved one is tragic, and as much as you would like to change the past, you cannot. At White Law PLLC, our team can handle your litigation for you, help you get damages from the party responsible for your loved one’s death, and ensure your family is protected financially moving forward. Request a free case consultation.
We’re Experienced. We Care.
We Exceed Client Expectations.
