/>iThe sudden loss of a loved one in a preventable accident is devastating. While no amount of money can erase the pain, Michigan law gives families the right to pursue compensation when a death is caused by someone else’s negligence. This blog outlines how wrongful death claims work and what families should know.
What Is a Wrongful Death Claim?
The Michigan Wrongful Death Act allows a claim when a person’s death results from another’s careless, reckless, or intentional conduct. Examples of wrongful death cases include fatal car accidents, medical malpractice, unsafe property conditions, workplace incidents, defective products, or nursing home neglect.
Who Can File a Wrongful Death Claim in Michigan?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person is often named in the will or appointed by the probate court. Any compensation recovered is then distributed to eligible surviving family members, such as a spouse, children, or parents.
What Types of Compensation Are Available?
A wrongful death claim may provide financial relief for economic and emotional losses, including:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Lost income and benefits the deceased would have provided
- Loss of companionship
- Pain and suffering experienced by the deceased before death
Time Limits for Filing
Michigan has strict deadlines to file, known as the statute of limitations. In most wrongful death cases, the claim must typically be filed within three years of the date of death. In medical malpractice cases, the deadline is usually two years from the discovery of the injury, although there are limited exceptions. Missing these time limits can prevent a family from receiving compensation, so it is important to act quickly.
In Summary
Coping with the loss of a loved one is never easy, and navigating the legal system on top of that can feel overwhelming. A wrongful death claim can provide financial stability and hold the responsible party accountable. Understanding your rights under Michigan law is an important step toward justice.
