If you’ve lost a loved one due to someone else’s negligence, your family deserves justice. Our experienced team of lawyers at Christopher Trainor & Associates is here to provide compassionate guidance and unwavering support throughout your legal journey.
The loss of a loved one is never an easy thing to deal with, but it’s even worse when someone dies a death that was entirely preventable. Wrongful death laws exist to allow families to seek justice when someone’s negligence causes the untimely death of another.
A Lansing wrongful death lawyer can help you recover damages if you lost a member of your family in a car accident, truck accident, pedestrian accident, slip-and-fall accident, or due to medical malpractice or the willful actions of another person. Losing a loved one is one of the most heartwrenching moments you will experience in your lifetime, especially when their death was unexpected and preventable.
The last thing you are probably thinking about after losing someone you love is filing a wrongful death lawsuit. It can sound intimidating, but the experienced lawyers at the Law Offices of Christopher Trainor & Associates are here to help. We can handle the legal aspects of your lawsuit while you concentrate on grieving with your family.
Our lawyers work tirelessly to evaluate the facts of your loved one’s fatal accident, collect strong evidence, and build the most compelling case possible.
Types of Wrongful Death Cases
In Michigan, wrongful death is defined as a death caused by the wrongful act, neglect, or fault of another party. This can include various situations such as:
Negligence: If someone's negligence directly leads to the death of another person, it could be considered wrongful death. For instance, if a driver runs a red light and causes a fatal accident, resulting in someone's death, it could be deemed wrongful death.
Intentional Acts: If someone intentionally causes the death of another person, whether through assault, murder, or other criminal actions, it constitutes wrongful death.
Medical Malpractice: When a healthcare provider's negligence or omission of proper care leads to a patient's death, it can be considered wrongful death. This can include misdiagnosis, surgical errors, medication errors, or other forms of medical negligence.
Defective Products: If a defective product causes someone's death due to design flaws, manufacturing defects, or insufficient warnings about potential dangers, it may lead to a wrongful death claim.
Workplace Accidents: If an individual dies as a result of a workplace accident or exposure to hazardous conditions, the employer's negligence or failure to provide a safe working environment can constitute wrongful death.
Criminal Acts: In some cases, if a person's criminal actions indirectly lead to another person's death, they can be held liable for wrongful death. For example, if someone starts a fire intentionally and it results in fatalities, it could lead to a wrongful death claim.
Under Michigan law, certain family members of the deceased person, such as spouses, children, and parents, may be eligible to file a wrongful death lawsuit to seek compensation for damages, including funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress. It's advisable to consult with a qualified Lansing wrongful death lawyer who specializes in wrongful death cases and can explain your rights and options to you.
Who is Eligible to File a Lansing Wrongful Death Claim?
The right to file a Lansing wrongful death claim is governed by the Michigan Wrongful Death Act. Under this law, specific family members or the personal representative of the deceased person's estate are eligible to file a wrongful death claim. The eligible parties typically include:
Surviving Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death claim.
Children: If there is no surviving spouse, the deceased person's children may have the right to file a wrongful death claim.
Parents: If there is no surviving spouse or children, the deceased person's parents may have the right to file a wrongful death claim.
Personal Representative of the Estate: If none of the above-mentioned relatives are available or willing to file a claim, the personal representative of the deceased person's estate may file a wrongful death claim on behalf of the estate and any eligible beneficiaries.
It's important to note that only one wrongful death claim can be filed for a deceased person. If multiple eligible parties wish to file a claim, they may need to coordinate and decide who will move forward.
Additionally, under Michigan law, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person's death. However, there may be exceptions and nuances to this timeframe, so it's essential to consult with a qualified attorney who specializes in wrongful death cases to understand the specific legal requirements and deadlines. If government entities are involved as defendants, your time to file may be shorter than the usual three years.
The Leading Causes of Wrongful Deaths
Wrongful deaths in Michigan can occur due to various circumstances, but some common causes include:
Motor Vehicle Accidents:Motor vehicle accidents are a leading cause of wrongful deaths in Michigan. These accidents can result from factors such as speeding, distracted driving, drunk driving, or reckless behavior on the road.
Medical Malpractice: Errors or negligence by healthcare professionals, including doctors, nurses, surgeons, or hospitals, can lead to wrongful deaths. This can include misdiagnosis, surgical errors, medication mistakes, or inadequate patient care.
Workplace Accidents: Fatal accidents can occur in workplaces due to unsafe working conditions, lack of proper training, defective equipment, or failure to follow safety protocols. Industries such as construction, manufacturing, and transportation are particularly prone to workplace fatalities.
Defective Products: If a defective or dangerous product causes someone's death, it can result in a wrongful death claim. This can include defective automobiles, medical devices, pharmaceuticals, household appliances, or other consumer goods.
Intentional Acts: Wrongful deaths can also result from intentional acts such as assault, homicide, or other criminal behavior. These cases may involve criminal prosecution as well as civil wrongful death claims.
Premises Liability: Property owners have a duty to maintain safe premises for visitors. Wrongful deaths can occur due to hazards such as slip and fall accidents, inadequate security leading to assaults, or dangerous conditions on the property.
Nursing Home Abuse or Neglect: Elderly individuals residing in nursing homes or assisted living facilities may suffer wrongful deaths due to abuse, neglect, or inadequate care by staff members.
Pedestrian or Bicycle Accidents: Collisions involving pedestrians or cyclists and motor vehicles can lead to fatal injuries, especially in urban areas with heavy traffic.
These are just some of the common causes of wrongful deaths in Michigan. Each case is unique, and the specific circumstances surrounding the death will determine liability and the potential for a wrongful death claim. If you suspect that a loved one's death was the result of someone else's negligence or misconduct, it's important to seek legal advice from an experienced Lansing wrongful death lawyer from the Law Offices of Christopher Trainor & Associates to understand your rights and options.
The Importance of Proving Negligence or Wrongful Conduct
Proving negligence or wrongful conduct is crucial in wrongful death cases for several reasons:
Establishing Liability: To succeed in a wrongful death claim, the plaintiff must prove that the defendant was negligent or engaged in wrongful conduct that directly caused the death of the deceased person. Establishing liability is essential for holding the responsible party accountable for their actions.
Legal Basis for Compensation: Wrongful death damages are typically awarded based on the defendant's negligence or wrongful conduct. Proving negligence or wrongful conduct provides the legal basis for recovering compensation for the various damages incurred as a result of the wrongful death, such as medical expenses, funeral costs, lost income, and pain and suffering.
Meeting the Burden of Proof: In civil litigation, the plaintiff bears the burden of proving the elements of their case by a preponderance of the evidence, meaning that it is more likely than not that the defendant's negligence or wrongful conduct caused the harm. Failing to prove negligence or wrongful conduct can result in the dismissal of the wrongful death claim.
Defending Against Counterclaims: In some cases, the defendant may attempt to shift blame or argue that the deceased person's own actions contributed to their death. Proving negligence or wrongful conduct can help refute these counterclaims and establish the defendant's liability for the wrongful death.
Securing Fair Compensation: Proving negligence or wrongful conduct is essential for obtaining fair compensation for the surviving family members' losses and damages. It allows the court to assess the full extent of the harm caused by the defendant's actions and award appropriate compensation to the plaintiffs.
Promoting Accountability and Deterrence: Holding negligent or wrongful parties accountable for their actions in wrongful death cases promotes accountability and deterrence. It sends a message that negligent behavior resulting in death will not be tolerated, which can help prevent similar incidents from occurring in the future.
Proving negligence or wrongful conduct is essential in wrongful death cases to establish liability, recover compensation for damages, meet the burden of proof, defend against counterclaims, secure fair compensation for the plaintiffs, and promote accountability and deterrence. Working with an experienced wrongful death attorney can help gather evidence, build a strong case, and effectively prove negligence or wrongful conduct to achieve a favorable outcome.
Damages Available in a Wrongful Death Claim
In Michigan, wrongful death claims allow eligible family members or the personal representative of the deceased person's estate to seek compensation for various damages resulting from the wrongful death. Some of the damages that may be available in a Michigan wrongful death claim include:
Economic Damages: These damages aim to compensate for the financial losses incurred as a result of the wrongful death. They may include:
Medical expenses related to the deceased person's final injury or illness.
Funeral and burial expenses.
Loss of the deceased person's earnings and financial support, including future income that the deceased would have provided to their dependents.
Loss of the value of services that the deceased person would have provided to their family, such as household chores, childcare, or caregiving.
Non-Economic Damages: These damages are intended to compensate for the intangible losses suffered by the surviving family members due to the wrongful death. They may include:
Loss of consortium, society, and companionship resulting from the death of a spouse or parent.
Emotional distress, pain, and suffering experienced by the surviving family members due to the loss of their loved one.
Loss of guidance, mentorship, and nurturing that the deceased person would have provided to their children.
Punitive Damages: In certain cases involving egregious conduct or intentional wrongdoing by the defendant, punitive damages may be awarded to punish the defendant and deter similar misconduct in the future. However, punitive damages are relatively rare in wrongful death cases in Michigan and are typically only awarded in cases involving extreme misconduct.
It's important to note that state law imposes caps on non-economic damages in medical malpractice cases, which may also apply to wrongful death claims arising from medical negligence. Additionally, the distribution of damages among eligible family members or beneficiaries will depend on various factors, including the relationship of the claimants to the deceased person and their individual losses.
If you're considering filing a wrongful death claim, it's advisable to consult with an experienced Lansing wrongful death lawyer from the Law Offices of Christopher Trainor & Associates who can evaluate your case, assess the damages available, and advocate for your rights to fair compensation.
Factors That Can Influence the Value of a Wrongful Death Claim
Several factors can influence the value of a wrongful death claim. These factors typically include:
Economic Damages: The economic damages component of a wrongful death claim includes quantifiable financial losses suffered by the surviving family members as a result of the death. This may include medical expenses incurred before the death, funeral and burial expenses, lost income and financial support that the deceased would have provided, and the value of services that the deceased would have contributed to the family.
Non-Economic Damages: Non-economic damages compensate for the intangible losses experienced by the surviving family members due to the death of their loved one. These may include loss of companionship, consortium, guidance, and emotional support, as well as pain and suffering endured by the survivors as a result of the loss.
Age and Health of the Deceased: The age and health of the deceased person at the time of death can influence the value of the wrongful death claim. Younger individuals with longer life expectancies and dependents may result in higher economic damages, while the loss of an elderly person with fewer dependents may result in lower economic damages.
Income and Earning Capacity: The deceased person's income, earning capacity, and future earning potential are significant factors in determining economic damages. Higher-income earners or individuals with promising career prospects may result in greater economic losses for their surviving family members.
Circumstances of the Death: The circumstances surrounding the death, including the severity of the negligence or wrongful conduct that led to the death, can impact the value of the wrongful death claim. Cases involving egregious misconduct, recklessness, or intentional wrongdoing may result in higher damages awards.
Relationship to the Deceased: The nature and extent of the relationship between the surviving family members and the deceased person can also influence the value of the wrongful death claim. Spouses, children, parents, and other dependents may be entitled to different types and amounts of compensation based on their relationship to the deceased.
Punitive Damages: In cases involving extreme misconduct or intentional wrongdoing by the defendant, punitive damages may be awarded in addition to compensatory damages. Punitive damages are designed to punish the defendant and deter similar conduct in the future, and their inclusion can significantly increase the overall value of the wrongful death claim.
Insurance Coverage and Defendant's Resources: The availability of insurance coverage and the financial resources of the defendant can impact the value of the wrongful death claim. If the defendant has substantial insurance coverage or assets, it may be easier to recover full compensation for the damages incurred.
Legal Representation and Strategy: The quality of legal representation and the strategic approach taken by the wrongful death attorney can also influence the value of the claim. An experienced attorney who effectively presents the evidence advocates for the rights of the surviving family members, and negotiates skillfully on their behalf may be able to secure a higher settlement or verdict.
Generally speaking, the value of a Michigan wrongful death claim is determined by a combination of these factors, as well as other unique circumstances specific to each case. It's essential to consult with an experienced wrongful death attorney who can assess the various factors involved and pursue fair compensation on behalf of the surviving family members. Also, we can offer emotional support, handle all communication with insurance companies and other parties involved, and navigate complex legal procedures.
The Process of Filing a Wrongful Death Claim in Michigan
Filing a wrongful death claim in Lansing is a multi-step process, and it's important to navigate the process carefully to protect your rights and pursue fair compensation. The steps include:
Consultation with a Lawyer: The first step is to consult with an experienced wrongful death attorney who can evaluate your case, explain your legal rights, and advise you on the best course of action. During the consultation, you'll discuss the circumstances surrounding the death, potential liability, and the damages you may be entitled to recover.
Investigation and Gathering Evidence: Your attorney will conduct a thorough investigation into the circumstances of the death to gather evidence supporting your claim. This may involve collecting medical records, accident reports, witness statements, expert opinions, and other relevant documentation to establish liability and damages.
Identifying Defendants: Depending on the circumstances of the wrongful death, there may be one or more parties potentially liable for the death. Your attorney will identify all potential defendants, which may include individuals, businesses, government entities, or insurance companies.
Notice of Intent to Sue: In Michigan, before filing a wrongful death lawsuit, you typically need to provide a notice of intent to sue to the potential defendants. This notice must be served within the applicable statute of limitations period and include specific details about the claim, including the basis for the claim and the damages sought.
Filing the Lawsuit: If the parties are unable to reach a settlement through negotiations or alternative dispute resolution methods, your attorney will file a wrongful death lawsuit in the appropriate court. The complaint will outline the legal basis for the claim, the damages sought, and the allegations against the defendants.
Discovery: During the discovery phase, both parties exchange information and evidence relevant to the case. This may include interrogatories, requests for documents, and depositions of witnesses and parties involved in the case.
Settlement Negotiations: Throughout the litigation process, there may be opportunities for settlement negotiations between the parties. Your attorney will advocate for a fair settlement on your behalf, taking into account the extent of your damages and the strength of your case.
Trial: If the case proceeds to trial, both parties will present their arguments and evidence before a judge and/or jury. The judge or jury will then determine liability and assess damages based on the evidence presented.
Appeals: If either party is dissatisfied with the outcome of the trial, they may have the right to appeal the decision to a higher court.
Your lawyer will provide guidance and representation to protect your interests and pursue the best possible outcome in your wrongful death claim. It's essential to work closely with your Lansing wrongful death lawyer and adhere to any deadlines and legal requirements to ensure the success of your case.
What is the Statute of Limitations on a Wrongful Death Claim?
The Michigan statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person's death. This means that the lawsuit must be filed within three years of the date of death, or else the right to pursue a wrongful death claim may be barred.
There are, however, certain exceptions and nuances to the statute of limitations that may apply in specific circumstances. For example:
Discovery Rule: In cases where the cause of death was not immediately apparent or could not have been reasonably discovered at the time of death, the statute of limitations may begin to run from the date the cause of death was discovered or should have been discovered through reasonable diligence.
Minor Children: If the deceased person is survived by minor children, the statute of limitations may be extended until the children reach the age of majority (18 years old). In such cases, the statute of limitations may be tolled (suspended) until the children reach adulthood.
Government Entities: If the wrongful death claim involves a government entity as a defendant, special notice requirements and shorter deadlines may apply. It's essential to comply with these requirements to preserve the right to pursue a claim against the government.
Medical Malpractice: In wrongful death cases involving medical malpractice, state law imposes a two-year statute of limitations from the date of the alleged malpractice or from the date the plaintiff knew or should have known of the malpractice, whichever is later.
It's crucial to consult with our team of experienced wrongful death lawyers from the Law Offices of Christopher Trainor & Associates as soon as possible if you believe you have a potential wrongful death claim. An attorney can assess the specific circumstances of your case, determine the applicable statute of limitations, and ensure that your claim is filed within the required timeframe to protect your rights. Waiting too long to take legal action can result in the loss of your right to pursue compensation for your losses.
Why You Should Work With a Lansing Wrongful Death Lawyer
Working with a Lansing wrongful death lawyer can provide several important benefits and advantages, such as:
Legal Expertise: Wrongful death cases can be complex, involving intricate legal principles, procedural rules, and evidentiary requirements. An experienced wrongful death lawyer will have a thorough understanding of Michigan's wrongful death laws and the legal strategies necessary to pursue a successful claim on your behalf.
Investigation and Evidence Gathering: A skilled attorney will conduct a thorough investigation into the circumstances surrounding the death, gather relevant evidence, and identify liable parties. This may involve obtaining witness statements, collecting medical records, accident reports, and other documentation crucial to your case.
Case Evaluation and Strategy: A Lansing wrongful death lawyer can evaluate the strength of your case, assess potential damages, and develop a strategic plan tailored to your specific circumstances. They can advise you on the best course of action, whether it involves negotiating a settlement or litigating the case in court.
Negotiation Skills: Many wrongful death cases are resolved through settlement negotiations with the opposing party or their insurance company. A skilled lawyer will have strong negotiation skills and the ability to advocate effectively for your rights and interests during settlement discussions.
Litigation Representation: If your case proceeds to trial, a wrongful death lawyer will provide experienced representation in court. They will present compelling arguments, cross-examine witnesses, and advocate for your position before the judge and/or jury to seek fair compensation on your behalf.
Emotional Support and Guidance: Dealing with the loss of a loved one is emotionally challenging, and navigating the legal process can add to the stress. A compassionate Lansing wrongful death lawyer can provide you with support, guidance, and reassurance throughout the legal proceedings, helping you navigate this difficult time with greater ease.
Maximizing Compensation: An experienced attorney will work diligently to maximize the compensation you receive for your losses, including economic and non-economic damages such as medical expenses, lost income, funerary costs, and pain and suffering. They will fight to ensure that you and your family receive the full and fair compensation you deserve.
Partnering with a Lansing wrongful death lawyer can significantly increase your chances of obtaining a favorable outcome in your case while providing you with the support and guidance you need during this challenging time.
The Law Offices of Christopher Trainor & Associates
Losing a loved one due to someone else's negligence or misconduct is an incredibly challenging and painful experience. During this difficult time, you don't have to navigate the legal process alone. Our team of compassionate Lansing wrongful death lawyers is here to support you every step of the way.
At the Law Offices of Christopher Trainor & Associates, we understand the devastating impact that a wrongful death can have on your family. That's why we are dedicated to providing you with the compassionate legal representation you deserve. Our experienced attorneys will listen to your story with empathy and work tirelessly to pursue justice on behalf of your loved one.
We will handle all aspects of your wrongful death claim with care and sensitivity, allowing you to focus on grieving and healing. Whether through negotiation or litigation, we will fight aggressively to hold the responsible parties accountable and secure the full and fair compensation you deserve for your losses.
If you have lost a loved one due to negligence or wrongful conduct, don't hesitate to reach out to us for help. Your initial consultation is completely free, and we work on a contingency fee basis, so you don't pay unless we win your case. We will never ask for any upfront retainers or an hourly rate to work on your case. If we do not manage to secure a settlement or favorable jury verdict, you will not owe our firm a dime.
Speak With a Lansing Wrongful Death Lawyer Today
The Lansing wrongful death lawyers at the Law Offices of Christopher Trainor & Associates have the experience, skill, and resources you need to obtain the maximum settlement amount for your damages. Contact us right away at (248) 886-8650 or fill out the contact form on our website to schedule a free, no-obligation consultation and take the first step towards obtaining the justice and closure your family deserves.
