Wrongful Death – Michigan Lawyers Specializing in Wrongful Death
BY MELANIE WALTERS

Wrongful death occurs when someone dies due to the negligent or intentional actions of another person or company. The sudden loss of a family member or other loved one in such tragic circumstances can cripple a family both emotionally and financially. In such incidences, Michigan law allows for the surviving family members to pursue wrongful death suits in order to seek compensation for their loss, while serving as an incentive for other individuals or entities to act responsibly. This article will examine the laws, the attorneys who handle such cases, and the process required in Michigan to pursue a lawsuit of wrongful death.

What Constitutes Wrongful Death in Michigan?

According to Michigan State Laws, wrongful death claims can be pursued if:

• The death of the victim was due to the negligence or intentional actions of the defendant (individual, company, or municipality)
• That the family of the deceased is entitled to financial compensation due to conduct of the defendant

In the early part of our history there existed no such thing as a wrongful death claim, as it was considered that the right to claim died along with the victim. This left many families destitute, and many individuals and organizations free of any sort of social or financial responsibility. Fortunately that has changed, and wrongful death suits can be brought against any person or other entity which causes another’s death through careless, negligent, or intentional actions. Each state has its own particular wrongful death statute, and as such its own definition of what constitutes wrongful death.

Who is Entitled to Wrongful Death Damages in Michigan?

According to the Michigan Statute, subject to sections 2802 to 2805 of the estates and protected individuals code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this section shall be limited to any of the following who suffer damages and survive the deceased:

• The spouse of the deceased, sisters, brothers, children, parents, grandparents, and if none surviving:
• The beneficiaries of the deceased’s estate
• The deceased’s step children
• Those named in the will unless having an illegal relationship with the deceased (bigamy, incest, marriage of convenience etc)

What Damages are Awarded in Michigan Wrongful Death Cases?

Michigan wrongful death laws require that the following be considered when assessing damages to be awarded:

• Medical and Hospital Expenses
• Funeral and Burial Expenses
• Pain and Suffering
• Loss of financial support
• Loss of companionship of the deceased

When considering these damages, Michigan Law upholds that the court or jury should be fair and considerate to both parties in the case, and that the final damages be distributed after an additional court hearing.

Should you Require a Michigan Wrongful Death Attorney

If the death of someone you love has been caused by the negligence, or even intent of another, it would be wise to consult with a wrongful death attorney. Experienced wrongful death lawyers can make all the difference between a successful and a failed lawsuit. There is much evidence to consider and documentation to be filed, as well as the resistance of insurance companies to consider. Don’t deprive yourself of the compensation that you and your family deserve. Consult with a professional, experience wrongful death lawyer. Although financial reward cannot make up for the loss of a dear spouse or other relative, a successful claim can secure the financial future for yourself and your dependents.