If you have lost a loved one in Warren, we understand that this is a difficult time for you and your family. You may be considering your options and wondering if you have a valid wrongful death claim. A wrongful death lawyer in Warren can help you determine if you are eligible to file a claim and guide you through the process.
At White Law PLLC, we can provide you with the guidance and support you need during this challenging time. If you have been injured in an accident, consider consulting with a Warren personal injury lawyer. Our team has over 20 years of combined legal experience that we can apply to your case.
What Is a Wrongful Death?
A wrongful death is a fatality that occurs due to another person’s or entity’s negligence or misconduct. When a wrongful death occurs, the surviving family members or dependents may be entitled to compensation for their losses.
When a loved one’s life is cut short due to someone else’s negligence, it can be a devastating and life-altering experience. You may be left with unanswered questions, emotional pain, and a sense of injustice. In such wrongful circumstances, understanding your legal entitlement is important.
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Causes of Wrongful Death Claims in Warren
Several negligence factors can contribute to a wrongful death claim. These include medical malpractice, where a healthcare professional’s mistake or failure to act leads to a patient’s death.
Car accidents caused by reckless or drunk driving, as well as workplace accidents resulting from inadequate safety measures or equipment failure, are also common causes of wrongful death claims. Product liability, where a defective or poorly designed product causes a fatal injury, is another common cause.
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Eligibility to File a Claim
Filing a wrongful death claim requires meeting specific eligibility requirements, which vary by state. Generally, you’ll need to be a close family member or beneficiary of the deceased to file a claim. In Warren, the eligibility requirements for filing a wrongful death claim are governed by state laws and court decisions.
To determine whether you’re eligible to file a claim, consider the following:
- Relationship to the deceased: You must be a close family member, such as a spouse, child, or parent of the deceased. In some cases, siblings or other relatives may also be qualified.
- Appointment as personal representative: You may need to be appointed as the personal representative of the deceased’s estate to file a claim.
- Filing procedures: You must follow specific filing procedures, including submitting a complaint to the court and serving the defendant with notice of the claim.
It’s important to review the eligibility requirements and filing procedures carefully to confirm your claim is valid and properly filed. Consulting with a Warren wrongful death lawyer can help you handle the process and safeguard your rights.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Compensation in Wrongful Death
When a loved one’s life is lost due to another’s actions, the surviving family members are often left to grapple with the emotional and financial aftermath.
As a result, you may be entitled to compensation for the damages you’ve incurred. Damages in a wrongful death case can be categorized into two main types: economic and non-economic damages.
Economic damages are tangible losses that can be easily quantified, such as medical expenses and lost wages. Non-economic damages, on the other hand, are intangible losses that are more subjective. Common damages include:
- Economic damages: Medical expenses, funeral costs, lost wages, and other financial losses.
- Non–economic damages: Pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
- Punitive damages: In some cases, you may also be entitled to punitive damages, which are designed to punish the defendant for their reckless or negligent behavior.
It’s important to consult with a skilled wrongful death attorney to determine the types of damages you may be eligible to recover.
You will always work directly with your attorney throughout your case.
Hiring a Warren Wrongful Death Lawyer
Hiring a wrongful death lawyer in Warren, MI, can help you through your wrongful death case. Here’s what to know:
Initial Consultation
During an initial consultation with a wrongful death lawyer, you’ll sit down with the lawyer, who will listen attentively as you recount the circumstances surrounding your loved one’s untimely death. This meeting is usually a free consultation, allowing you to gauge the lawyer’s experience and approach without incurring any costs.
The attorney will conduct a preliminary review of your case, evaluating its merits and identifying potential avenues for pursuing compensation. This is an opportunity for you to ask questions and better understand the process ahead.
Some important aspects to expect during the initial consultation include:
- Discussion of the circumstances: You’ll share the details of your loved one’s death, including any relevant medical records, police reports, and witness statements.
- Explanation of the process: The attorney will outline the steps involved in filing a wrongful death claim and the potential outcomes.
- Assessment of your case: The lawyer will evaluate your case’s strengths and weaknesses, helping you understand the likelihood of securing compensation.
Choosing the Right Lawyer
A skilled and experienced wrongful death lawyer can make a significant difference in the outcome of your case. When choosing the right lawyer, it’s important to research and evaluate their qualifications and experience. Look for a lawyer with a proven track record of handling wrongful death cases similar to yours.
Client testimonials can also provide valuable insights into a lawyer’s skills and approach. Read reviews and ask for referrals from previous clients to get a sense of their communication style, responsiveness, and results. Additionally, consider the lawyer’s experience with local courts and judges, as this can impact the outcome of your case.
When meeting with potential lawyers, ask about their approach to your case, their communication strategy, and their fees. It’s important to find a lawyer who is transparent, responsive, and committed to your case.
Statute of Limitations in Warren
Typically, you have a three–year window in which to file a wrongful death lawsuit in Warren, Michigan. This statute length requirement states that you must file your claim within three years from the date of the deceased’s passing. However, there are specific circumstances that may affect the statute of limitations.
If you’re a minor or mentally incapacitated when the wrongful death occurs, the three-year statute of limitations may be paused. This means the time frame for filing a lawsuit will be halted until you reach adulthood or regain capacity.
Similarly, if the deceased’s estate wasn’t opened until after their passing, the statute of limitations may be paused until the estate is probated.
Additionally, there might be statute-pausing conditions that apply to your specific situation. For instance, if the defendant is out of state or has fled to avoid prosecution, the statute of limitations may be paused until they return or are found.
Contact Our Warren Wrongful Death Lawyer
You’ve lost a loved one due to someone’s negligence or wrongdoing in Warren. To protect your rights and pursue compensation, it’s important to consult a knowledgeable wrongful death attorney in Warren, MI. At White Law PLLC, we understand the importance of skilled representation in these situations.
Contact us today for a free consultation.
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