There is no way to describe the trauma of losing a loved one under tragic, preventable circumstances. When the initial shock has worn off and grief is still being managed, questions will begin to arise: How could this wrongful death have been prevented? Who is at fault for this loss? Can I seek damages?
The Financial Fallout from a Wrongful Death
Under Michigan law, if you choose to sue for the wrongful death of a loved one, you can seek compensation for many types of damages, including:
- Pain and suffering of the victim.
- Medical expenses.
- Mental anguish of the victim’s family.
- Funeral expenses.
- Loss of companionship and protection.
- Loss of projected future earnings.
- Loss of income and benefits.
Money problems are one of the biggest fallouts from a wrongful death. For example, the father of a family of three is killed in a car accident. In this one-income family, his loss has altered the family’s income and benefits. They may need to move to a more affordable home. School options, healthcare, childcare, and quality of life will all be affected.
Who Can File a Wrongful Death Lawsuit?
Typically, the spouse, children, or parents of the deceased serve as the personal representative of that person’s estate. Michigan law provides an order of priority and guidelines about who can file a lawsuit on behalf of the deceased. In some situations, there is a dispute between family members about who should rightfully assume the role of personal representative and the court will be forced to determine who to appoint.
When a family member has been lost because of someone else’s negligence, contacting a personal injury attorney immediately ensures that you are aware of your rights, the deceased’s rights, and what kind of compensation you can expect in the aftermath of this trauma.
Types of Wrongful Death
There are many possible causes of wrongful death. When someone dies because of another person’s or entity’s negligence, wrongful act, or failure to act, this can be considered wrongful death. Circumstances that lead to wrongful death can include:
- Medical malpractice
- Auto accidents
- Birth injury
- Medical neglect
- Assault
- Recalls
- Defective products
The difficulty with a wrongful death is that it can be intentional or unintentional. Determining which category your situation falls into is incredibly important for your personal injury case. A motorist did not set out to crash into your loved one’s car and kill them, but it happened, and perhaps they were drunk at the time. A doctor intended to save a life, not lose a life, during your loved one’s open heart surgery, but complications arose during an unsanctioned procedure.
Every situation of wrongful death is unique and has its own set of circumstances that factor into the determination to file a lawsuit. In some cases, people must accept that they have been dealt a horrific and irreversible blow. In other situations, it is clear the death could have been prevented, and justice must be served.
If you have lost a loved one in a situation of wrongful death, contact Thurswell Law for a free consultation. Our wrongful death attorneys have the experience to get you the compensation you deserve. We do not charge any fees unless you collect. Call (248) 354-2222 today to schedule your consultation.
