Losing a loved one is an experience that makes you feel like your whole world is crashing, and it’s a pain that no one should have to endure. When that loss is the result of someone else’s negligence or wrongdoing, it adds even more to the grief. With a Macomb wrongful death lawyer on your side, you can have someone on your side to help with the steps. White Law PLLC was founded with the intention of personalized representation, which is critical for cases like this.
A Macomb personal injury lawyer can help you and your family know where to begin. It may seem like you can’t move forward, but legal representation can make sure you at least find some sort of potential justice. The more evidence you can bring, the better the possibility of an outcome you may see.
The Legal Definition of Wrongful Death
According to Michigan law, a wrongful death is defined as a death resulting from the “wrongful act, neglect, or fault of another.” This implies that if the death resulted from negligence, recklessness, or a deliberate act, the deceased’s surviving relatives might be entitled to file a wrongful death claim. For a wrongful death claim to be valid, it must be proven that the party at fault had a duty of care towards the deceased, that they breached this duty via their actions or failure to act, and that this breach directly led to the death.
It’s important to note that a wrongful death claim is a civil matter, separate from any criminal charges that may be filed in relation to the death. Even if the at-fault party is not facing criminal prosecution, the family can still pursue a civil wrongful death lawsuit to hold them accountable and seek financial compensation for their losses.
This includes both economic damages, such as medical expenses and lost income, as well as non-economic damages for the emotional anguish and loss of companionship suffered by the family.
You will need as much evidence as you can bring for a case like this. A wrongful death attorney in Macomb can help you determine if your situation falls under this type of claim. If so, you can have legal representation help you with each step you should be taking for potential justice.
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What to Do if the Death Was Unintentional
In many wrongful death cases, the fatal incident was not the result of a deliberate act, but rather negligence or recklessness on the part of the responsible party. This could include situations like a distracted driver causing a fatal car accident, a property owner failing to address a dangerous hazard, or a doctor committing medical malpractice.
Regardless of the specific circumstances, if the death was preventable and caused by another’s negligence, the family has the right to take legal action.
If you suspect your loved one’s death was caused by negligence, you should speak with an attorney as soon as possible. They can investigate the incident, gather evidence, and help determine if you have a viable claim. It’s also important to be aware of the statute of limitations for filing a wrongful death lawsuit in Michigan, which is typically three years from the date of death, with some exceptions.
Negligence is determined by comparing the actions of the responsible party to those of a reasonable person in a similar situation. If the responsible party’s conduct falls short of this standard and directly leads to the death, they may be held liable for wrongful death. Factors such as the specific circumstances of the incident, the relationship between the parties involved, and any applicable laws or regulations can all play a role in establishing negligence.
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Common Types of Wrongful Death Claims
Wrongful death cases can arise from many types of incidents caused by gross negligence. These tragic situations often leave families struggling to cope with the sudden loss of a loved one while also trying to figure out the legal process of seeking justice and compensation. Some of the most common types of wrongful death claims include:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice resulting in death
- Defective products causing fatal injuries
- Workplace accidents or occupational hazards
- Nursing home abuse or neglect leading to death
- Violent criminal acts
- Premises liability incidents, like slips and falls
No matter the specific circumstances surrounding your loved one’s death, if it was caused by another party’s negligent or wrongful actions, you may have grounds for a wrongful death claim. A wrongful death lawyer in Macomb can assess your case and advise you on the best course of action to seek potential justice. It’s always worth to see if you can make sure the other party receives accountability.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Liable Parties Who May Get Money from the Settlement
In a successful wrongful death claim, the settlement or court award is intended to compensate the surviving family members for their losses. According to the Michigan State Legislature, the personal representative of the deceased’s estate files the wrongful death lawsuit on behalf of the estate and any family members who have a right to damages. This may include the deceased’s spouse, children, parents, siblings, or other dependents.
The damages awarded in a wrongful death case are divided among the eligible family members based on their relationship to the deceased and the extent of their losses.
This can include compensation for medical expenses, funeral and burial costs, lost income, loss of services and support, and the emotional anguish of losing a loved one. In some cases, punitive damages may also be awarded to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Your attorney will work closely with you to identify all liable parties. This will help ensure that any settlement or court award is fairly distributed among the eligible family members. They will also handle the complex legal and financial aspects of the case so you can focus on honoring your loved one’s memory and moving forward with your life.
You will always work directly with your attorney throughout your case.
Work with a Macomb Wrongful Death Attorney
At White Law PLLC, we understand how losing a loved one can affect you, especially during a legal case. If you can bring evidence, we can help you with the rest. Contact us to start with a consultation to see if we can help with your case.
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