The statute of limitations on wrongful death cases in Michigan is three years after the death has occurred. A statute of limitations is established in each state to set a specific amount of time for disputes about injuries sustained or deaths that have occurred due to someone else’s actions. Setting a time frame on cases that involve injuries ensures that the proof and evidence brought to light in these cases are fresh and brought to light in a timely manner.
We understand that when wrongful death occurs, it can turn life upside down. Knowing the legal process for cases like this is imperative if you have a loved one who has fallen victim to death due to someone else’s actions.
This is why knowing your rights and the Michigan law processes are important. And seeking the help of a professional law team to support you throughout the process is crucial. For more information about Michigan wrongful death statutes, continue reading on,
What Is Considered a Wrongful Death Lawsuit?
The legal definition of wrongful death in Michigan is the death of an individual resulting from someone else’s negligence. And this negligence can be carried out by other individuals, businesses, or organizational entities. No matter the action and no matter the circumstances, wrongful death will likely always have grounds for legal cases.
Some of the most common causes of wrongful death include the following:
- Motorcycle accidents
- Car accidents
- Truck accidents
- Medical malpractice situations
- Nursing home negligence or abuse
- Drug overdoses
- Construction accidents from defective premises
- Fires and explosions or injuries from electrical equipment
- Recreations accidents
If someone you know and love has suffered a wrongful death from an intentional act of negligence, such as the shooting of an innocent victim or road rage incidents, then claims for intentional death can also be filed.
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Proving a Wrongful Death in Michigan
In order to prove wrongful death in the state of Michigan, you need a sufficient amount of proof that the party at fault has acted in a careless or negligent manner. For example, if a wrongful death has occurred in a car accident, then proving the liable party ran a red light or was driving recklessly will be key. Or another example of a cause such as medical malpractice, proving that the medical practitioner made a mistake that could have been avoided must be proved.
If you are filing an international death lawsuit, you will need substantial proof of this. Having the necessary evidence to back up your claims will be essential. Typically, to do so, your law team will complete a total investigation and uncover the facts to lead to a successful outcome.
Who Can File a Wrongful Death Lawsuit?
When it comes to filing wrongful death lawsuits, various people can bring a case like this to light. However, only the personal representative of the deceased victim’s estate can file a claim in Michigan. Of course, family members or friends of the victim can file charges in hopes of recovery, but the main estate representative must head the case.
Some individuals are allowed to file a wrongful death claim include the following individuals:
- The surviving spouse
- Surviving children
- Any stepchildren
- Descendants of the deceased
- The deceased’s parents
- Surviving grandparents
- The deceased’s brothers or sisters
- Any individual who is named in the deceased’s will
We know how to get our clients the results they need in the toughest legal arenas.
How Can I File a Wrongful Death Claim?
If you are an eligible party to file a wrongful death claim, then there are suggested steps that you should follow. First and foremost, seeking the assistance of a trusted wrongful death lawyer in Michigan will be a great first step. From there, you will have the support and assistance needed to carry out your case.
Generally, these are the steps that one can follow to file a wrongful death claim within the Michigan statute of limitations. These steps include:
- Ensuring you have a legitimate case: This means that you must be eligible to file a claim on the deceased victim’s behalf. You are good to go if you fall under any of the individuals in the above category.
- Collecting evidence of negligence: Next, you and your lawyer will need to speak with witnesses, gather photos or videos of the crime, and assess the damages.
- Calculate all damages: Looking at all the losses and their compensation amounts will be helpful in this step. Generally, you will be able to gain all that was lost, plus wrongful death expenses.
- Bringing your case to court: Once all is done, your case is likely brought to the probate court where the wrongful death has occurred. Your lawyer will be able to handle your court due to experience with cases like these.
No matter the minor details of your case or the losses sustained, we are here to help you with whatever you may need. Wrongful death lawsuits are complicated and incredibly upsetting to the victim’s families. This is why we proceed with care but stay strong in our claim.
You will always work directly with your attorney throughout your case.
Need More Information About the Wrongful Death Statute of Limitations in Michigan? Reach Out to Us Today!
An average wrongful death settlement will vary based on each lawsuit’s individual circumstances and additional damages. No blanket amount is settled in court, so the stronger your case is, the higher the compensation you could receive.
As long as you file your lawsuit in a timely manner following MIchicagans statute of limitations, you will likely be successful in your case. And having the help of our team at White Law PLLC is a huge bonus. We are always on your side and fighting for you, no matter the case.
If you have more questions about Michigan statute of limitations laws or wish to begin your lawsuit, then contact us today. We offer free consultations for those who are interested in hearing more about our services.
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