The loss of a family member or loved one is a devastating time for anyone. Along with the emotional grief cause by the loss you may also be dealing with financial hardship as a surviving family member. Clearly, no amount of money can truly compensate you for the loss of a loved one; however, if the wrongful conduct of another person or entity caused, or contributed to, the loss of your loved one the law does allow you to recover monetary damages that may ease the financial burden caused by the loss of the decedent.

 

In the State of Michigan, wrongful death is defined as an intentional or unintentional wrongful act or omission that causes an injury that results in the death of a legally living person (unborn fetuses do not apply).  Only certain survivors may be legally entitled to pursue compensation is a wrongful death lawsuit, including:

 

• spouses (even separated or divorced spouses as long as no default of orders is present)
• children
• parents
• grandparents
• siblings – including children of both the deceased and the surviving spouse
• anyone who may have been written into a Last Will and Testament

 

Only be one wrongful death may be filed against an at-fault, or negligent, party. In Michigan, the representative of the decedent’s estate officially files a wrongful death lawsuit with the survivors joining in if they believe they are entitled to compensation.

 

Damages that may be recovered in a wrongful death lawsuit come in two forms – compensatory and punitive. Compensatory damages are intended to compensate a survivor for actual losses whereas punitive damages are intended to punish a defendant. As such, Michigan rarely allows recovery of punitive damages. Compensatory damages may include things such as:

 

• loss of wages and income from the decedent, including potential earnings
• pain and suffering of the deceased prior to death, and that of the survivors
• damaged property costs
• intangible benefits such as companionship and guidance of the deceased, such as with children
• hospital, medical, funeral, and burial expenses

 

When discussing income loss, standard actuarial tables are useful in determining amounts based on age, gender, and life expectancy. The salary of the deceased is multiplied by the number of years he or she could have lived, and then is adjusted for inflation. Other factors such as health status, and the kind of work the decedent performed are also considered. Additionally, there are set amounts defined by the state that are designated to a decedent who was a homemaker, as they usually do not receive a paycheck. The insurance companies tend to divvy up the tasks of the homemaker and assess the monetary amount it would take to hire someone else to do these tasks.

 

If you believe you are the survivor of a wrongful death it is imperative that you consult with a Michigan wrongful death attorney as soon as possible. Although you may not wish to think about legal action during his difficult time in your life, the law only allows you a specific period of time within which to pursue compensation. If your loved one supported you while he or she was alive it is safe to assume that your loved one would want you to have any compensation to which you are entitled as a result of his or her wrongful death. Contact an experienced Michigan wrongful death attorney as soon as possible to discuss your legal options.

Have you recently lost a loved one and believe that the loss was caused by the acts or omissions of a third party? In other words, do you believe your loved one’s death was a wrongful death? While this time is undoubtedly heartbreaking, it is helpful to know that the costs of the death, as well as the loss of income and relationship from that person may be recovered through a wrongful death lawsuit. Therefore, knowing your rights is imperative.

 

Wrongful death in Michigan is defined as an intentional or unintentional act that causes an injury that results in the death of a legally living person (unborn fetuses do not apply). Another way to understand the definition is if the deceased person could have had a personal injury case as a result of the action had they lived, but instead it ended in death, this is wrongful death.

 

Wrongful acts may include, but are not limited to:

 

• negligence (like careless driving)
• intentional acts like assault and/or battery
• a death associated with another crime
• vehicular manslaughter
• manslaughter
• murder

 

Michigan law requires the personal representative of the decedent’s estate to actually file the wrongful death lawsuit. This may be the executor of the decedent’s Last Will and Testament or someone appointed by the probate court to serve as personal representative if the decedent died intestate.  Accordingly, there can only be one wrongful death suit against the defendant, so it is important that all who are looking to recover damages be part of the suit. This ensures that all parties are included and are awarded fairly. Of those who are able to seek compensation are spouses (even separated or divorced spouses as long as no default of orders is present), parents, grandparents, siblings, children – including children of both the deceased and the surviving spouse, and anyone who may have been written into a will.

 

Once these beneficiaries are named, they have 60 days to notify the estate of their request for damages as a result of the death. Additionally, statutes in Michigan indicate that a wrongful death claim must be filed within three years of the date of death.

There are a couple of situations where certain people or entities cannot be held liable. Family immunity states that an individual cannot be sued by his or her family members. Sovereign Immunity refers to government entities, and means that they cannot be sued for liability. Determining if sovereign immunity applies is extremely complicated, therefore, it is extremely important to work with your attorney to clarify your circumstances.

Damages to be recovered come in two forms – compensatory and punitive. Because these types of cases are civil cases, they focus on monetary recovery. Michigan rarely allows recovery of punitive damages though as they are awarded to punish the defendant, not compensate the victims. The compensatory damages that may be recovered include:

 

• loss of wages and income, including potential earnings
• pain and suffering of the deceased prior to death, and that of the survivors
• damaged property costs
• intangible benefits such as companionship and guidance of the deceased, such as with children
• hospital, medical, funeral, and burial expenses

 

When discussing income loss, standard actuarial tables are useful in determining amounts based on age, gender, and life expectancy. There are also set amounts defined by the state that are designated to a decedent who was a homemaker, as they usually do not receive a paycheck.

 

If you need additional information, or have specific questions or concerns, contact a Michigan personal injury attorney as soon as possible.