Losing a loved one is never an easy thing to bear, especially if your loved one lost his or her life due to the negligence of another person. Simply put, wrongful death cases stem from the belief that a deceased person may still be alive were it not for the negligence of another person in carrying out their duties. At The Clark Law Office, there have been several cases like this that have been handled with professional care. However, there are certain things that families and relatives of the deceased person must know before pursuing a wrongful death claim.
A wrongful death that has been caused by the negligence, nonchalance, or ineptitude of another person creates a chance for the families of the deceased to pursue compensation for the loss of their loved one. However, certain people are granted the power by law to pursue such as claim as this.
It is recommended that you speak to a personal injury attorney that specializes in wrongful death claims when you are faced with such a legal battle as this. This is because such attorneys understand the twists and turns of wrongful death cases and can confirm whether or not you have the case of a claim to pursue.
In addition, working with a wrongful death attorney will open you up to some information that will help you protect the case and ensure that you remain eligible for the total worth of the claims case.
Things You Need To Know About Michigan Wrongful Death Claims
The state’s laws provide authority for certain people to pursue claims or compensation when their loved one is pronounced dead due to the “wrongful act, neglect, or fault of another” person. When considering a wrongful death claim, it is important to first consider whether or not the deceased person would have had a personal injury claim were they alive. If the answer to this question is yes, there is more reason to pursue a personal injury claim.
In a wrongful death claims case, it is important to note that only monetary damages can be recovered.
Who Can File A Michigan Wrongful Death Claim?
The state law requires that only a family member of the deceased or a personal representative of the deceased’s estate can file a wrongful death claim. In some cases, certain family members may not be eligible to file the wrongful death claims or receive damages connected to the claim.
According to state law, the people who are entitled to file a wrongful death claim or benefit from the compensation include:
- The spouse of the deceased person
- The child(ren) of the deceased person
- A legally recognized grandchild or grandparent of the deceased person
- A child of the deceased person’s spouse
- Someone who is a beneficiary of the deceased’s property as contained in the will.
In the event that a deceased person does not have at least one of the above-named relations or has no will in place before their death, then damages cannot be recovered for such a person.
Statute Of Limitations In Michigan’s Wrongful Death Case
Any of the legally recognized persons who can file a wrongful death claim can do so only within a certain time frame after the death of their loved one. According to state law, the wrongful death case must be filed in the space of three years following the date of death of the deceased person. Failure to file a wrongful death claim in the period stipulated by state law renders such claim invalid.
Also, the person who initiated the suit must inform other family members of the legal action taken within 30 days of filing the case. Also, the family members have a period of 60 days from the date of notification to notify the estate of the damages which they have suffered as a result of the death of their loved one.
In the event one or all of the family members are unable to provide the damages suffered as a result of the demise of their loved one within the 60 days, such claims may not be included in the wrongful death case.
Working With A Michigan Wrongful Death Attorney
Wrongful death cases are quite complex and this is why it is recommended that you work with an attorney like those at The Clark Law Office to ensure that you and your family’s interests are well represented. Seeing as there are hundreds of attorneys to choose from, there are some characteristics to look out for that can help you distinguish a great attorney who is result-driven and perfect for your case.
Below are some of the steps to take when choosing an attorney to represent you:
- Read their previous clients reviews
- Ask about their legal experience and past case results
- Find out about the timing of the case and statute of limitations
- Determine who the case will be assigned to – is it one attorney or a team of attorneys brainstorming to deliver the best strategy?
- Gauge your personal comfort and ability to relate with the attorney
- Understand payment terms
By taking into consideration these tips, you are on your way to making the best choice of an attorney to represent you.