f you knew that you could bring some form of repercussion on the person that killed your loved one, would you? A wrongful death attorney can help.
A wrongful death case is one way to do that. It takes less evidence to prove than a criminal case and lessens the time in court and legal fees for your family.
Think you qualify? Keep reading to learn more.
What Is a Wrongful Death?
The easiest way to tell if your loved one’s case is a wrongful death suit is to ask yourself the following question. Would they have been entitled to a personal injury claim if they were still alive?
If the answer is yes, then you have the basis for a wrongful death case in most states.
In official terms, it’s a wrongful death case when someone died from a wrongful act, negligence, or fault. If the person filed against is guilty, you and your family receive court-decided upon payouts.
These payouts aren’t meant to pay off your grief, but to make your life easier financially during a tragedy.
For example, a mother of two dies in an airplane crash, which experts say could have been avoided. The family could sue the airline (or the pilot) for pain and suffering, as well as what the mother would have contributed to the family.
When Should I File?
Michigan’s statute is tricky because there isn’t a specific clause. Instead, Michigan attorneys borrow the statute from the cause of death.
If you’re suing on grounds of negligence, then you have three years to file. In some cases, the families can get a two-year filing extension if an authority agrees.
Since each case is different, it’s best to file as soon as you feel ready. We recommend calling a wrongful death lawyer no later than a year after the accident.
Who Can File?
The Michigan wrongful death statute states that the personal representative of the decedent’s estate is the only person that can file a claim.
The personal representative must open and file the case, but the following people can file for support under the representative’s original claim
- The surviving spouse
- Descendants Children
- Descendants stepchildren
- Decedent’s grandparents
- Decedent’s brothers and sisters
- Descendants parents
- Anyone named in the will
If you’re not sure what a personal representative is, or who this would be, a lawyer can help you.
Once that’s settled, the lawyer will guide you and your family through this painful process. They’ll prepare you to see the defendant and make your case as strong as possible.
In court, your lawyer will assure you and your loved ones get the compensation you deserve.
Picking a Wrongful Death Attorney
When you’re looking for someone to represent you and your family, you need them to have experience. Look for a firm that specializes in personal injury and wrongful death cases.
They’ll have the most relevant experience and the best analysis of your case.
We’re proud to say that our wrongful death attorneys check all the boxes above and more. The best part? We won’t charge you a dime until we’ve gotten your compensation.
Fill out a free consultation form, what do you have to lose?