Wrongful Death

The Right to Compensation in a Wrongful Death Action

Experiencing a loved one’s passing can be quite challenging. This is especially so if the death of your loved one was brought on by the negligence of another individual. You may be entitled to sue those responsible for your loved one’s death if their actions resulted in death. This is the case whether or not the death is caused by negligence or intent.

One may wonder who gets the money in a wrongful death lawsuit. A wrongful death settlement payout is typically given to the estate, surviving partner, or family members of the deceased person. Through a wrongful death case, family members can seek financial compensation for losses incurred from their loved one’s passing.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of legal action filed to recover damages from the death of a loved one due to the negligence of another person. The complainant must demonstrate that the party liable had a duty, violated the duty, and that this violation of duty resulted in death. In Michigan, the Wrongful Death Act is typically consulted in such cases.

Wrongful death lawsuits are a bit similar to personal injury claims. The individuals who can submit wrongful death claims are set by state law. These include surviving family members, estate agents, and more.

What Situations Can Wrongful Death Cases Arise From?

If negligence is proven, wrongful death claims may arise from a variety of circumstances, including:

Relatives can typically receive compensation for losses as a result of a loved one’s death through wrongful death suits. These losses could include, but are not limited to:

  • Funeral and burial expenses
  • Loss of companionship
  • Loss of salary
  • Medical bills
  • Financial support

How Wrongful Death Lawsuits Work

You have to prove your eligibility for compensation before you can file a wrongful death claim. You have to demonstrate that the defendant’s negligent acts caused the death and that it caused you, the claimant, loss. The following are the requirements that must be met to prove that you are entitled to compensation:

  1. The defendant owed the victim a duty of care.
  2. The defendant breached that duty.
  3. The breach of duty caused the death.
  4. You suffered damages due to the death.
  5. The defendant’s negligence caused the damages.

Who Can Claim Damages and Who Receives Payment for Wrongful Death?

Potential beneficiaries have to reply with their claim before or on the hearing day following a notice from the deceased’s personal representative. The hearing decides how the funds will be allocated and who gets the money in a wrongful death lawsuit.

Generally speaking, surviving relatives of the deceased can sue for wrongful death to get damages for the losses caused by the victim’s death. Each state’s law can show which surviving family members are eligible for filing a wrongful death claim. These family members usually consist of immediate family members such as:

  • Children
  • Spouses/ Life partners/ Putative spouses
  • Parents
  • Parents of a deceased fetus
  • Grandparents
  • Siblings

Additional relatives or parties who may be eligible for compensation include the following:

  • Grandchildren
  • Nieces and nephews
  • General extended family
  • Financial dependents

The deceased person’s estate would transfer under Michigan’s intestate succession laws if there are no possible beneficiaries.

How Does a Wrongful Death Settlement Work?

Wrongful death settlements are typically made available as a lump sum or through installments by the defendant or their insurance provider.

Payments for funeral and burial fees, debt repayment, and medical expenditures can be covered with a one-time payment. However, an installment payment plan has the compensation paid out gradually over a specified span of time. This can be monthly, bi-annually, or annually, depending on the agreement.

Where Does the Money Come from in a Wrongful Death?

The defendant’s insurance company is typically the source of funds for wrongful death claims. These providers might cover different types of insurance regarding medical malpractice, premises liability insurance, and more.

A lawsuit can be brought against the defendant to get bigger compensation if their insurance is insufficient to assist the victim’s family. The negligent party is liable for the whole settlement cost in the event that there is no insurance. Their assets can also be seized or sold, or their income could be taken.

How Much Can You Get, and How Is It Computed?

The amount of money used to compensate survivors for both non-economic damages and economic losses is known as wrongful death compensation. In wrongful death cases, judges base the calculation of losses on verified proof, which is proven through witness statements or paper trails. Professionals such as accountants or economists can also add their input in determining losses.

The loss you incurred will determine how much you get compensated. The profession, level of education, and career path of the deceased are among the variables that might be taken into account when calculating damages.

How a Wrongful Death Lawyer Can Help

Proof for wrongful death claims might be hard to come by. However, an experienced wrongful death attorney will know where to look for a wide range of evidence. These may include eyewitness testimonies, medical records, accident reports, and more to support your claims. Having a lawyer by your side can make the process of gathering these pieces of evidence much easier.

The statute of limitations for wrongful death cases in Michigan is not really specified. Because of this, the Wrongful Death Act bases the statute of limitations on the cause of death. Based on general negligence, this lies at around three years from the date of death. Though there are a few exceptions, your case could be dismissed by the court if not submitted during this period of time. Without a lawyer, it would be difficult to file a case promptly. On the other hand, with a personal injury lawyer, you can ensure that the statute of limitations will not pass you by.

Schedule a Free Consultation With Our Wrongful Death Attorneys.

You may be eligible for compensation for wrongful death if a loved one passes away as a result of negligence. Hiring an experienced wrongful death attorney is ideal because wrongful death lawsuits are difficult to navigate. For quality help, contact The Clark Law Office’s wrongful death attorneys today. Our lawyers have years of legal experience handling wrongful death lawsuits and other types of legal cases.

Every scenario is different, but our law firm can assist you in any case. Arrange an appointment with our lawyers to go over the details of your wrongful death suit. At The Clark Law Office, we will advise you on the best path possible. Contact us now to schedule an appointment.

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Matthew Clark