The death of a loved one is always an emotional and overwhelming experience. But when another party’s actions caused their death, it can be even more traumatic for those they leave behind.
If your loved one died because of another party’s wrongful actions, contact Geherin Law Group, PLLC, for a free consultation with an experienced lawyer to discuss your legal options. We’ll walk you through the process of seeking the compensation you and your family need and answer any questions you have about your case.
A wrongful death lawsuit is a legal case in which surviving family members seek compensation for the death of their loved one caused by another person or entity. For example, if your loved one suffered fatal injuries in a car accident caused by a drunk driver, you could file a wrongful death lawsuit against the driver seeking compensation for the various losses you suffered as a result.
In a wrongful death lawsuit, losses are the negative consequences that your loved one’s untimely death has had on your life. The compensation you seek for those losses is referred to as damages.
The best way to maximize your damages is to hire a highly qualified wrongful death lawyer to handle your case. They will investigate the incident that led to the death, file your lawsuit against the at-fault party, and represent your best interests in settlement negotiations and trial.
At Geherin Law Group, PLLC, we exclusively handle wrongful death cases involving criminal wrongdoing. This means the defendants in the cases we handle caused your loved one’s death by engaging in activities that broke the law and could lead to criminal prosecution in addition to civil liability. Examples of cases we handle include:
Depending on how the incident that caused your loved one’s death occurred, there may be several at-fault parties. To maximize your compensation, it’s essential that we identify these parties so that we can file lawsuits against each of them.
In Michigan, the only person who can bring a wrongful death lawsuit against an at-fault party is the personal representative of the deceased’s estate. This representative brings the lawsuit on behalf of the deceased’s surviving family members who suffered losses caused by the death, including:
While the spouse, children, and parents (of deceased minors) are typically presumed to have suffered losses due to the death, this may not be the case for more distant relatives. For example, if you are a sibling of the deceased, you may have to demonstrate that you were dependent on your loved one in some way to recover compensation.
Additionally, the compensation you could receive through a successful wrongful death lawsuit may depend on your relationship to the deceased. Spouses and children typically receive a higher percentage of the payout because their close connection to the deceased implies that they suffered more significant losses.
Through your wrongful death lawsuit, you can seek damages for various types of losses caused by the death of your loved one. Some of the most common losses family members seek compensation for are:
In many cases, you can recover compensation for your loved one’s funeral and burial expenses. This compensation often goes directly to the estate for payment for these services.
If you relied on your loved one’s income, such as if you are their spouse, child, or other dependent, you may be able to recover compensation for the loss of their financial support.
In addition to financial support, you may be able to recover compensation for the loss of benefits you received through your loved one’s employment, such as health insurance or retirement account contributions.
While the loss of one’s companionship, guidance, and care is intangible, you can still seek compensation for it with the help of a skilled attorney.
If your loved one’s early death adversely impacted the inheritance you stood to receive from them, you may be able to seek compensation for the reduction in your presumptive inheritance.
You can also seek compensation for the anxiety, depression, and other negative psychological effects of your loved one’s death, particularly if they led to financial loss, such as having to go to therapy.
Under Michigan’s statute of limitations for wrongful death cases, you have three years to file your lawsuit against the party responsible for your loved one’s death. This three-year time limit typically begins counting down on the date of their death. However, if you didn’t know the cause of their death or about a party’s involvement in the incident, the time limit may not begin counting down until that point.
For example, let’s say your loved one died as a result of a hit-and-run car accident. The time limit for filing your wrongful death lawsuit in this case may not begin until the point at which you knew or should have known the at-fault driver’s identity, which may be when your lawyer or the police identify them.
While you have three years to file your lawsuit, it’s best to begin working with a lawyer as soon as possible. The more time your lawyer has to build your case, the stronger it will be. And in many cases, the evidence your lawyer must gather won’t be available forever, so they need to begin investigating and collecting it quickly.
A Michigan wrongful death lawyer can help with your case in several key ways:
As experienced wrongful death attorneys in Ann Arbor, Geherin Law Group, PLLC, has worked with many Michigan families who have experienced the sudden and painful deaths of loved ones in preventable accidents caused by criminal wrongdoing. Our clients come to us in a state of shock and confusion, and they have many questions about their legal rights. Below are brief answers to some of the questions we receive most regularly. Don’t hesitate to reach out to a lawyer at our office for answers to questions and concerns of your own.
The period immediately following an unexpected loss can be overwhelming. Your family is likely focused on grieving and arranging funeral services, and you deserve the time and space you need.
At the same time, taking some specific steps can help protect your legal rights and preserve important evidence for an eventual wrongful death claim:
Only the personal representative of your loved one’s estate can file a wrongful death lawsuit in Michigan. If your loved one passed away with a valid will, it likely named a person to serve in this role. If not, or if the person died intestate, the court will appoint a qualified individual, usually a spouse, adult child, other family member, or trusted friend of the deceased.
A wrongful death claim is a civil action brought by a deceased person’s estate to seek financial compensation for their surviving family members’ losses. When the death results from an incident in which another party broke the law, there can also be a criminal case. This involves a government prosecutor determining whether to charge the defendant and pursue penalties such as fines or imprisonment. While these cases arise from the same incident, they serve different purposes and follow different legal standards and procedures.
An acquittal in a criminal case doesn’t prevent a related wrongful death lawsuit from moving forward. Civil claims require a lower burden of proof than criminal prosecutions. Even if a jury finds a defendant not guilty in criminal court, the estate may still work with an experienced lawyer to pursue compensation through a wrongful death claim in civil court.
After a settlement or verdict in a Michigan wrongful death case, the court will consider each beneficiary’s relationship to the deceased and the losses they experienced before awarding shares of the settlement to the beneficiaries in a manner it deems fair and equitable.
The amount of time it takes to resolve a wrongful death case can vary depending on the circumstances. Some claims settle within several months, while others may take longer if there are disputes around liability or the case goes to trial. The length of the investigation and whether negotiations go through multiple rounds can also affect how long the process lasts. Your Ann Arbor wrongful death lawyer may be able to give you a sense of how long to expect.
Was your loved one’s death caused by someone else’s actions? Contact Geherin Law Group, PLLC, today to request a free consultation with an experienced and compassionate wrongful death lawyer.
During your initial consultation, we’ll review the incident details and walk you through your options for seeking the compensation you deserve.
