The loss of a loved one due to someone else’s negligence or wrongdoing is a tragedy that no family should have to endure. After a devastating event, grief and emotional turmoil often come with significant financial burdens, adding to the pain and hardship. In these incredibly challenging times, the guidance of a Taylor wrongful death lawyer can offer the support you need.
At White Law PLLC, we understand the impact of wrongful death cases and the challenges involved. Knowing which direction to take when facing such an unexpected tragedy is hard. Working with a Taylor personal injury lawyer can help determine where to begin.
How Michigan Defines Wrongful Death
Michigan’s Wrongful Death Act defines a wrongful death as one resulting from the wrongful act, neglect, or fault of another. This legal principle recognizes the right of the deceased’s survivors to pursue compensation for their losses. It serves as an essential measure to ensure accountability for those whose negligence or deliberate actions lead to a premature death.
The state’s wrongful death laws recognize that the loss extends beyond the deceased individual, impacting their loved ones profoundly. Eligible parties, such as spouses, children, and dependents, may file a claim to recover damages for various aspects, including loss of financial support, companionship, and emotional distress. It is a comprehensive approach that addresses the multifaceted consequences of such a tragic event.
The wrongful death claim is distinct from a personal injury lawsuit that the deceased could have filed had they survived. It aims to provide legal justice for the surviving family members. This attempts to acknowledge their unique suffering and losses resulting from the unexpected death of their loved one.
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Common Types of Lawsuits for Wrongful Death
Wrongful death claims can arise from various circumstances. They each have their challenges and legal nuances. Some of the most common types of cases include:
- Motor vehicle accidents, including car, truck, motorcycle, and pedestrian accidents
- Medical malpractice, such as surgical errors, misdiagnosis, or improper treatment
- Workplace accidents and safety violations
- Defective products that cause fatal injuries
- Nursing home abuse or neglect leading to death
While these represent frequent scenarios, wrongful death claims can occur from any situation where another party’s negligence or intentional actions directly contributed to the loss of life. It’s important to seek legal representation to navigate the intricacies and establish liability appropriately. With a wrongful death attorney in Taylor alongside you, it can be easier to pinpoint liability and take the necessary steps forward.
We know how to get our clients the results they need in the toughest legal arenas.
Potential Parties Who May Be Eligible to File a Wrongful Death Claim
Michigan’s wrongful death statute specifies certain individuals who may be eligible to file a claim following the untimely passing of a loved one. The statute primarily includes the deceased’s spouse, children, descendants, and their parents or grandparents in certain circumstances. This approach recognizes the significant impact that a wrongful death can have on both immediate and extended family members.
In some situations, the deceased may not have a surviving spouse, child, or parent. When this happens, the law allows other relatives or individuals to pursue a claim if they are financially dependent on the deceased. This provision ensures that those who relied on the deceased for support are not left without justice or means to address their losses.
It is important to note that the eligibility criteria can vary based on the case’s specific circumstances. Consulting with an attorney is crucial to find out how to prove wrongful death and who is at fault. They can provide guidance on navigating any legal hurdles and ensuring that the appropriate parties are represented in seeking justice and potential compensation.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Possible Compensation that You Can Potentially Expect
No amount of compensation can truly make up for the loss of your loved one. However, Michigan’s wrongful death laws are put in place to provide financial relief to help alleviate the burden on surviving family members. Depending on the circumstances, recoverable damages may include:
- Loss of financial support and future earning potential
- Loss of companionship, care, and guidance
- Funeral and burial expenses
- Medical expenses incurred before the death
- Pain and suffering endured by the deceased
It is important to understand that the specific compensation awarded in a wrongful death case can vary significantly based on factors. The factors are the deceased’s age, earnings, and the circumstances surrounding the death. A Taylor wrongful death lawyer can help you determine which factors you can use in your case.
You will always work directly with your attorney throughout your case.
When to File a Wrongful Death Claim
Timing is one of the most important aspects when it comes to filing a wrongful death claim in Michigan. You must follow the statute of limitations, a legal time frame within which a claim must be filed. Failure to meet this deadline can result in losing the right to pursue compensation.
In most cases, the statute of limitations for a wrongful death claim in Michigan is three years from the date of the deceased individual’s passing, according to §600.5805 of the Michigan Legislature. However, there may be exceptions or variations depending on your unique situation. For example, if the death was caused by a criminal act or if the responsible party was not immediately known, you may get longer than three years.
It’s beneficial to work with a knowledgeable wrongful death lawyer in Taylor as soon as possible after the loss of a loved one. They can evaluate the case to identify any potential exceptions. The wrongful death attorney in Taylor can also see where it may be possible to extend the time frame and ensure all necessary steps are taken.
Work Alongside a Taylor Wrongful Death Attorney
After a wrongful death, the emotional toll can be overwhelming, and the legal complexities can seem daunting. The dedicated team at White Law PLLC is ready to provide compassionate guidance, ensuring that your rights and those of your loved ones are protected every step of the way. Contact us to start with a free consultation and to see how and if we can help you move forward in your case.
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