Serious accidents in Livonia and across the United States take place regularly that cause untimely deaths, taking precious lives from families. Far too often, these fatalities occur due to someone else's reckless behavior. These unspeakable acts throw the lives of spouses, children, siblings, and other family members into a tailspin. Not only must they work through the grief of a tragic loss but also the financial side of the tragedy: unexpected medical bills, burial costs, and reduced household income.
If you lost a loved one to a wrongful death, you are also a victim. Like any victim, you and your loved one deserve justice. At our law firm, we understand this is a delicate time for you. With that in mind, we want to offer a measure of comfort to help you hold those responsible for your loved one's death. We encourage you to speak to one of our Livonia wrongful death attorneys, at no charge to you, to see how we can help with your legal claim.
At the Law Offices of Christopher Trainor & Associates, we understand the depth of your pain. With decades of experience handling wrongful death lawsuits in Livonia, we are committed to supporting you. Your family is entitled to both legal counsel and heartfelt support.
We provide our clients with three simple steps to file a wrongful death lawsuit.
We know that money cannot bring back the memories of a loved one who has passed away. We also know an unexpected loss of lives can leave surviving families battling to make ends meet. This is particularly difficult if the departed person is the family's breadwinner. A successful wrongful death lawsuit is a legal means to access the funds needed to ease your financial burdens.
At the Law Offices of Christopher Trainor & Associates, our mission is to help you in any way possible. Until your loved one receives justice, we won't give up.
Together, we can bring the responsible party to justice. Reach out to us right now for your free case review.
Michigan law defines wrongful death as a situation where someone dies because of another's wrongful act, neglect, or fault. This could be due to various causes, such as a car accident, medical mistakes, or unsafe working conditions. As the next of kin, you may have the right to pursue a wrongful death claim on behalf of your deceased family member.
if your loved one would have survived the accident, they could have filed a personal injury claim. In regular personal injury claims, the injured person seeks compensation for their suffering due to someone’s negligence.
A wrongful death claim is essentially a type of personal injury case but focused on the tragic outcome of death. In wrongful death cases, the estate representative for the person who passed away is who files the lawsuit. The money is distributed to the family in accordance with the law. This compensation covers funeral costs, the income the deceased would have earned, and the emotional and relational loss suffered by the family.
According to Michigan law, if someone intentionally causes the death of another person, this can also be pursued as a wrongful death case. What's unique is that the victim's family can pursue criminal and civil actions.
Here's an example:
John was driving along Six Mile Road, a route he had taken countless times before. As he approached the intersection near Hines Park, another vehicle, driven by an individual later identified as Michael, accelerated suddenly. Witnesses at the scene later described seeing Michael’s car swerve across two lanes, heading straight for John’s vehicle. Despite John’s attempts to avoid the collision, the impact was unavoidable.
Investigations soon revealed a chilling backstory. Michael had a history of disputes with John stemming from a long-standing professional rivalry. Witnesses and e-mails uncovered by the police suggested that Michael’s actions were not a result of reckless driving or negligence but a deliberate act intended to harm John.
What follows are two legal proceedings.
Criminal cases are about holding the person responsible accountable to society. These cases are brought by the city, state, or federal government and aim to punish the wrongdoer.
Michael was charged with vehicular manslaughter (moving violation causing death) in a criminal court. Here, the intent behind his actions became a central issue. The prosecution needed to prove beyond a reasonable doubt that Michael intentionally caused the accident that led to John’s death.
The proof required in criminal cases is very strict. The prosecutor has to prove the accused's guilt "beyond a reasonable doubt," which is a higher bar than in civil court.
The criminal court sentenced Michael sentenced to 10 years in prison. Additionally, the court ordered a fine of $7,500 and suspended Alex's driving privileges for 10 years following his release from prison.
Civil cases are quite different. They're not about punishing the person at fault but helping the victim’s family cope with their loss. The deceased’s family or estate files these lawsuits to seek compensation for things like funeral costs lost earnings, and the emotional pain of losing a loved one.
These cases require a lower standard of proof. The proof needed here is "preponderance of the evidence," which essentially means the scenario stated in the claim is more likely than not what happened. This is less stringent than in criminal cases.
It was enough to show that it was more likely than not that Michael's intentional actions led to John’s untimely death. The family’s attorney presented the same evidence used in the criminal trial, supplemented by expert testimony on the financial and emotional impacts of John’s loss.
The civil lawsuit resulted in a total award to John's family of $3.7 million. This verdict compensates the family for their losses and sends a clear message about the Livonia community's stance on reckless driving.
It's common for criminal and civil cases to occur simultaneously. Someone could be facing criminal charges while the family pursues a civil wrongful death claim. The outcomes of these cases can be different. For example, a person could be found not guilty in a criminal trial but still be held responsible in a civil court, as we saw in the O.J. Simpson cases in the 1990s.
Civil law can provide a route to justice even if there is no successful criminal case. While it doesn’t put the defendant in prison, this legal action recognizes how deeply your loss affects you and offers a way to help fill the emotional and financial gap left behind. A lawyer can ensure your loved one’s story is told with respect while helping you obtain compensation.
Numerous situations could contribute to these tragic deaths. Typical examples include the following:
An unintentional death can happen under almost any circumstance. The example above acts as a sobering reminder of how fragile life is.
In a wrongful death claim in Michigan, "liability" means responsibility for the death of a loved one due to negligent, reckless, or intentional actions of another party.
When we talk about liability, we're referring to the legal obligation of one party to compensate another for the harm caused. In Michigan, if your family member has died because of someone else's actions, that person or entity could be held liable.
For example, if a man's wife died due to receiving too much anesthesia before surgery, there could be a wrongful death claim filed. Depending on the circumstance of this type of wrongful death case, the potential liable parties include the following:
Now, here's a question: How do you prove liability in wrongful death cases? The answers come down to a legal concept called negligence. The next section explains this principle.
Michigan law states negligence is "the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances." The plaintiffs (victim's family) bear the burden of proof in wrongful death cases. They must offer evidence that the defendant caused their family member's death. The party filing the case must meet each of the four requirements of negligence below:
The strength of the evidence supporting your position determines negligence. The kind of evidence needed varies depending on the situation. Here's an example of the kinds of documentation wrongful death attorneys rely on in a fatal truck collision:
The ability to prove negligence is the cornerstone of a wrongful death lawsuit. Consider working with a Livonia wrongful death lawyer who can gather all the evidence you need to support your claim.
If you're facing the immense pain of losing a loved one due to someone else's negligence, you might be considering a wrongful death lawsuit. It's not easy figuring out how the legal system works. What are the steps from start to finish when pursuing a suit? The following is a general guide on what to do.
Remember, not everyone can file a wrongful death lawsuit. The law specifies that the personal representative of the deceased's estate must file the claim. This representative is often named in the will. If there isn't a will, the court may appoint someone.
Having an experienced Livonia wrongful death lawyer by your side is the best thing you can do to ensure a successful outcome. They'll ensure your case meets all the requirements and is handled professionally.
Your attorney will prepare and file a complaint in the appropriate court. This document outlines your relationship to the deceased, the facts of the case, the defendant’s alleged negligence, and the damages sought. In Livonia, this typically means filing in the Third Judicial Circuit of Michigan - Civil Division.
To succeed in a wrongful death claim, you must prove that the defendant's negligence directly caused the death of your loved one. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty through their actions or lack thereof, and that this breach was the direct cause of death.
Most wrongful death cases get resolved outside of court through settlements, which are negotiated agreements that resolve the matter without going to trial. However, if a fair settlement amount isn’t offered, your case may go to trial, where a jury will determine the outcome.
It's important to note that filing a legal claim can involve specific forms, fees, and deadlines. To ensure everything is filed correctly and enhance your understanding of the process, it's often advisable to work with a legal professional specializing in wrongful death cases.
There is a statute of limitations for filing a lawsuit. This deadline date is relevant to litigation involving wrongful death and other personal injuries. Wrongful death claims must be filed within three years of the date of death. What if you miss this deadline? You could be barred from pursuing compensation.
The timetable for each client's wrongful death litigation varies. Some instances might be resolved in a matter of months, but others might require a trial, which could take a year or more.
Following a wrongful death, families are thrust into a harsh new reality. The surviving loved one's family experiences financial and emotional hardship. Michigan statutes allow the heirs to pursue damages for their losses. This legal act provides immediate family members with non-economic and financial relief options.
The actual monetary losses brought on by wrongful death are known as economic damages. This compensation includes the following:
Non-economic damages are used to compensate for the intangible losses surviving family members suffer. This payment can cover the following:
In some cases, punitive damages might be awarded if the defendant’s actions were particularly reckless or malicious. These are not tied to the direct losses suffered but are intended to punish the wrongdoer and deter similar actions in the future.
The process often involves negotiations between the parties' lawyers and insurance companies. Experts like economists or actuaries might be consulted to project long-term financial losses accurately. Each case's circumstances heavily influence the final settlement amount, making it unique to the situation and the evidence presented.
In civil lawsuits, "caps" refer to legal limits on the damages a plaintiff can receive from a defendant. Michigan has no caps on the economic or non-economic damages that can be awarded in most wrongful death lawsuits. This means there is no upper limit to the compensation for things like lost wages, medical expenses, or loss of companionship that can be awarded due to a wrongful death claim.
However, there are exceptions in certain types of cases. For example, in medical malpractice wrongful death cases, Michigan does impose caps on non-economic damages, such as pain and suffering.
As of January 2024, the minimum cap on non-economic damages for medical malpractice claims has been set at $569,000. The maximum cap is $1,016,000, but this higher limit only applies in cases where the plaintiff has suffered from severe injuries such as paralysis of one or more limbs, a permanently impairing brain injury, or a permanently impairing spinal cord injury.
These caps are adjusted annually for inflation and can vary depending on the case's specifics, including whether there were particularly severe outcomes, such as permanent disfigurement or brain damage.
In many instances, wrongful death lawsuits never make it to court. When the parties involved decide not to proceed with litigation, they often opt for an alternative route known as settlement.
This process typically involves negotiation between the parties (usually the family of the deceased and the defendant, often represented by their respective insurers and attorneys) to agree on compensation.
The settlement process follows a structured series of steps that involve negotiation and, ideally, lead to a resolution that compensates the family of the deceased for their loss without the need for a trial. Here's a detailed look at how the process generally unfolds:
Wrongful death claim settlements allow for a resolution that can be less costly, quicker, and potentially less stressful than a trial. It also provides a degree of certainty and control over the outcome for both parties, which is not always guaranteed in a court trial.
Here are some of the main issues that can arise during these negotiations:
Having a Livonia wrongful death lawyer on your side can help make all of this much easier and less stressful. An experienced attorney can provide the necessary legal services, advocate for the family’s best interests, and ensure that the settlement reflects the true extent of their loss.
Have you lost a loved one as a result of the carelessness of another? Do you still feel the loss? Does it seem impossible to pursue justice? Our legal team is prepared to help in your hour of need. We are all too aware of the toll untimely deaths take on families.
Our Livonia legal office has served the Livonia, MI, community for many years. Many of our cases involve negligent death incidents. We prioritize strong legal representation and sympathetic support at every stage of your claim.
Please contact our law office via phone at 248-886-8650 or email. We are here at the Law Offices of Christopher Trainor & Associates to assist you as you set out on the path to justice. Our wrongful death lawyers can hear you out, evaluate your case, and help you through this trying time.
You may be able to collect restitution from the victim's assets if their insurance does not fully compensate you for the damages you have been awarded. Underinsured or uninsured motorist coverage may also provide benefits in certain situations.
Comparative negligence statutes are used by Michigan law to resolve this. Damages awarded to the remaining family member may be reduced if the deceased individual was involved in the death of the surviving family member. As long as your loved one was not more than 50% responsible for the accident, you will be able to claim reduced damages.
From a legal standpoint, any attorney licensed in Michigan can handle a wrongful death claim. However, having a wrongful death attorney with expertise in that field of law is ideal. Seek a lawyer with prior expertise defending family members who are still alive. They can provide you with the best chance for a favorable result.
It is possible to pursue a wrongful death lawsuit even in cases when the deceased had a prior medical condition. It must be shown that the illness was exacerbated by the accident or that the illness itself resulted in the death. Ask your attorney for clarification, as each case is unique.
Yes, family members have the right to ask for a judge to review the payout distribution. Family issues that must be settled in court may also delay the settlement procedure.
