The loss of a cherished friend or family member is never easy. Not only is it emotionally devastating, but if you were financially dependent on the deceased, their passing could also have a significant impact on your ability to cover your monthly expenses on top of funeral and burial costs.
Though there is little that can be done to help with the grief, if someone else’s negligent or wrongful actions were the cause of your loved one’s death, you may have opportunities for legal recourse.
Consulting a high-powered Troy wrongful death lawyer from White Law PLLC could make it possible for you to get justice for your family member.
Whether they caused your loved one’s death intentionally or accidentally, if their actions were the direct or indirect cause of your relative’s passing, you could make them pay by pursuing a wrongful death action.
Contact a dedicated Troy personal injury lawyer from our firm, which has successfully recovered $1.4 billion and counting for our clients, today to schedule a free consultation and learn more about what wrongful death lawsuits entail and how you can do your part to put your loved one to rest.
Fault Constitutes Liability in a Wrongful Death Claim
Someone else must be responsible for causing your loved one’s death for your wrongful death action to be successful. Your Troy wrongful death lawyer with White Law PLLC will have extensive experience investigating some of the most common types of accidents and incidents that result in fatalities. Some of the most common types of accidents that our clients have dealt with include:
- Car accidents
- Sports accidents
- Motorcycle accidents
- Slip-and-fall accidents
- Commercial truck accidents
- Defective products
- Medical malpractice
- Nursing home abuse
- Assault or murder
The liable party’s intent will have some impact on the amount of compensation you are awarded. If their ordinary negligence, for example, caused your loved one’s death, punitive damages may not apply. However, if the at-fault party intended to cause fatal injuries or acted with intentional malice, under MCL §445.911, your settlement could be greatly increased by a punitive damages award.
Your Fight Is Our Fight
Troy Wrongful Death FAQ
Who Has the Right to File a Wrongful Death Settlement in Troy?
Only specific parties have the authority to file a wrongful death action under Michigan law. Per the statute, the decedent’s personal representative or executor of their estate has the right to file a wrongful death claim. This could be anyone the deceased named as part of their estate plans, such as their surviving spouse, adult children, siblings, parents, or other parties.
Unless these parties have been named as the decedent’s personal representative prior to their death, they will not have the right to file a wrongful death lawsuit. If the decedent did not name a personal representative, the court system can designate one on their behalf. You can find out whether you have the authority to sue when you contact a Troy fatal injury lawyer from White Law PLLC for help.
What Is the Statute of Limitations for Troy Wrongful Death Claims?
The statute of limitations for wrongful death lawsuits in Michigan will generally expire three years from the date of the decedent’s death per Mich. Comp. Laws §600.5805. The wrongful death claim must be filed before time runs out.
Otherwise, you could be prohibited from pursuing your case through the civil court system. The sooner you get started, the greater our chances of accessing the time-sensitive evidence we need to prove the defendant’s liability based on a preponderance of the evidence.
How Can I Win a Wrongful Death Action?
You win a wrongful death lawsuit by introducing powerful evidence that proves the defendant is more likely than not responsible for causing your family member’s death. According to the Michigan Rules of Evidence, the burden of proof is based on a preponderance of the evidence, so it must be compelling. As long as we can show that the defendant directly or indirectly caused your loved one’s death, we can successfully prove wrongful death and recover the compensation your family is entitled to.
What Types of Damages Can Be Awarded in Troy Wrongful Death Lawsuits?
Your family has the right to be compensated for every single way your lives have been affected by your loved one’s death. Your family is also entitled to compensation for the various damages the decedent endured prior to their passing. Your wrongful death lawyer in Troy, MI will ensure we account for every loss as described under MCL §600.2922, including:
- The decedent’s funeral and burial costs
- The decedent’s medical expenses, including ambulance fees and hospital care
- Loss of the decedent’s companionship, support, advice, and love
- The pain and suffering the decedent endured prior to their death
- Loss of the decedent’s financial support
Is There a Cap on Damages in MI Wrongful Death Claims?
There is no formal cap on damages specifically applicable to wrongful death lawsuits in Michigan. However, if your family member suffered fatal injuries due to their healthcare provider’s medical malpractice, there may be a cap. This is because under MCL §600.1483, non-economic damages are capped in medical malpractice lawsuits alone.
If a family member passed away due to a medical mistake, this may be applicable. The cap on damages is adjusted annually to account for inflation. As of 2024, the maximum amount you could be awarded for non-economic damages is $851,000.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Consult a Reputable Wrongful Death Attorney in Troy, MI for Help Today
Wrongful death claims are notoriously complex and sensitive. They can be emotionally taxing and leave families feeling exhausted. You should be able to grieve and mourn your loss without having to deal with litigation and a drawn-out legal process.
Fortunately, with a compassionate Troy wrongful death attorney from White Law PLLC on your side, your family can spend more time focusing on their grief and celebrating their lost loved one’s life while we handle the legalities.
Rest easier knowing our team will stop at nothing to get the justice your family member deserves. Schedule your free, no-obligation consultation as soon as today by filling out our contact form or calling our office to get started.
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