Losing a loved one in an accident is one of the most devastating experiences imaginable. In Michigan, the law allows surviving family members to seek compensation by filing a wrongful death lawsuit. Although no amount of money could ever make up for what has happened, a successful claim could result in a sense of justice as well as financial stability going forward.
Filing a wrongful death case involves strict legal procedures and deadlines, but understanding each step can make the process less overwhelming. A Sterling Heights wrongful death lawyer can guide you through each phase of your claim.
Here’s what you should know before getting started.
Step 1: Confirm Your Eligibility to File
Only specific individuals can file a wrongful death lawsuit in Michigan. Typically, the case is brought by the personal representative of the deceased person’s estate. This representative acts on behalf of the surviving family members and any dependents.
Those who can receive compensation from a successful claim may include:
- The surviving spouse or children
- The deceased person’s parents or grandparents
- Siblings, stepchildren, and anyone else who was financially dependent on the deceased
The personal representative must first notify all potential beneficiaries before filing the lawsuit to ensure everyone’s interests are represented.
Step 2: Determine Whether You Have a Valid Case
Wrongful death claims are usually based on more or less the same legal foundation as a personal injury lawsuit. To succeed, you must show that the death resulted from negligence, recklessness, or intentional misconduct.
Common examples include:
- Motor vehicle accidents, such as car accidents, truck accidents, and motorcycle accidents
- Unsafe conditions on another person’s property
- Medical malpractice
- Defective products that cause fatal injuries
- Criminal acts, such as assault
Gathering strong evidence early on is key. Police reports, medical records, and witness statements can help prove liability and demonstrate the extent of your economic and non-economic damages as well. Your wrongful death lawyer in Sterling Heights can help collect and preserve this critical evidence.
Step 3: File Within the Statute of Limitations
Michigan’s wrongful death statute of limitations generally gives you three years from the date of the death to file a lawsuit. If you miss this deadline, you could lose your right to seek compensation entirely.
Certain situations, such as cases involving minors or government entities, may have different filing timelines. An experienced wrongful death attorney in Sterling Heights can review the details and make sure all documents are filed correctly and on time.
Step 4: Calculate Your Damages and File the Complaint
Before filing, the personal representative must identify all of the recoverable damages. Wrongful death damages in Michigan can include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income, benefits, and financial support
- Pain and suffering endured by the deceased before death
- The survivors’ emotional distress and mental anguish
- Loss of companionship for surviving family members
After calculating these losses, the representative’s lawyer will prepare a legal complaint that outlines the facts of the case and the total amount sought in terms of compensation. A wrongful death lawyer will ensure all damages are thoroughly documented and included in your claim.
Step 5: Proceed With Settlement Negotiations or Trial
Most wrongful death lawsuits in Michigan are resolved through a settlement agreement before reaching the trial stage. Insurance companies and defense attorneys are often willing to negotiate after the discovery process concludes and all of the available information is out in the open, though negotiations can take place before this step, too.
If a fair agreement can’t be reached, the case may proceed to trial. During trial, both sides present their arguments in front of a judge and/or jury, and a decision regarding liability and compensation is made from there.
Schedule a Free Consultation With a Sterling Heights Wrongful Death Attorney
The process of filing a wrongful death lawsuit in Michigan can be complex and emotionally draining, especially while grieving a loss. An experienced wrongful death lawyer with Khamo Law can help you take legal action and work to maximize the amount of compensation you recover.
We understand that you’re going through an incredibly difficult time at the moment, and we want you to know that we’re here to help to the best of our ability. Contact our Sterling Heights wrongful death attorneys today at (248) 466-0606 to schedule a free consultation.