The wrongful death statute is complicated. In order to determine when a lawsuit must be filed, other statutes relating to lawsuits based on negligence and/or intentional conduct must be consulted. For cases arising from negligence, you must file the lawsuit no later than three years after the incident. In a medical malpractice case, you must file the action within two years after the act, which resulted in the death, or within six months of the date it is discovered. If you miss the deadline for filing your lawsuit, you won’t be able to collect compensation for your loved one’s death. Don’t risk missing this deadline.

Those who may be entitled to collect damages include:

– The deceased’s spouse, children, descendants, parents, grandparents, siblings, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass to under the laws of intestate succession.
– The children of the deceased’s spouse.
– Those persons who are devisees (someone who receives real property) under the will of the deceased.

Each wrongful death case is unique. When we use the term “damages,” we refer to both economic and non-economic compensation. Economic damages refer to losses that have a set monetary value. Examples of economic damages include your loved one’s medical expenses, ambulance costs, funeral expenses, and the decedent’s lost wages during the time from the accident until death. Non-economic damages are losses that do not have specific monetary value, including pain and suffering.

In addition to non-economic and economic damages, there are also punitive and exemplary damages. Punitive damages, which punish defendants for their conduct, are unavailable under Michigan law but may be available under federal law.

Exemplary damages may be awarded if the conduct was voluntary, inspired feelings of humiliation, outrage, and indignity, was malicious or reckless, and is otherwise not compensated.

Working with a wrongful death attorney can help you better understand what types of damages you may be able to recover.

You may be entitled to collect damages/receive compensation if:

-You depended on the future support of the decedent.
-You experienced a loss of care, comfort, guidance, and companionship that the decedent provided.
-You felt sorrow, pain, and anguish after the decedent’s death.

Although some wrongful death cases can settle for many thousands, even millions of dollars, this doesn’t mean you will also recover a similar amount. The amount of the damages you could recover depends on a variety of factors, including total medical expenses, the details of the incident itself, which parties were involved in the wrongful death, the deceased’s age and overall health, any lost income, and more. In order to determine the damages owed to you, consult an experienced wrongful death attorney.

Compensatory damages (any damages awarded to the plaintiff to compensate them for the loss of a loved one) are excluded from taxation. Compensatory damages include both economic and non-economic damages. Exemplary or punitive damages (those awarded in situations where it’s proven that the defendant acted maliciously, negligently, or recklessly) are typically non-excludable (taxable). If states only award punitive damages in wrongful death claims, then that compensation is considered excludable by the IRS.

You need evidence establishing that the responsible individuals or entities owed a duty to your loved one and that the breach of that duty directly resulted in your loved one’s death. In other words, you must prove that the negligence, carelessness, or reckless behavior of the responsible parties was a cause your loved one’s death 

Additional evidence may be needed to provide the basis for an award of economic damages, including medical bills, insurance claims, and funeral expenses.

The first step is filing a complaint with the appropriate court, which complaint must then be served, along with a summons, on the responsible parties (defendants) in the time provided by the summons (91 days in Michigan cases and 90 days in federal cases).  The defendants then file answers and the case then typically proceeds to “discovery,” where the parties take depositions (verbal statements sworn under oath) and otherwise have the opportunity to discover evidence in the case.

Following discovery, there are often dispositive motions filed by the defendants to limit or obtain dismissal of the case. If the case survives such motions, the case will then either settle or go to trial.

Before you submit any complaint, it’s recommended that you first consult with a wrongful death attorney. An experienced attorney can guide you through this complex process and help you gather evidence.

There is no average time, as each wrongful death case is unique. Some cases may take only a few months to settle, while others may take years. Although working with an attorney can prevent some delays, the amount of time it will take to settle will depend on the specific details of your case.

Yes. An experienced attorney can make any legal situation easier to navigate. In addition to helping you understand whether you even have a case, an experienced wrongful death attorney can also ensure you meet filing deadlines, find and retain expert witnesses, gather evidence to support your claim, and provide representation in court (which is especially important in the event your case goes to trial). An attorney can also offer emotional support during this challenging time and help you stay focused on the matter at hand—winning the compensation you and your family deserve.