Okemos Wrongful Death Lawyer

Fighting For Those Who Have Lost a Loved One Due to Negligence in Michigan

The loss of a loved one is an emotionally devastating experience, and when that loss is due to someone else’s negligence or wrongdoing, the pain can feel unbearable. While no legal action can truly compensate for the loss of life, a wrongful death lawsuit can provide financial support and hold the responsible parties accountable. At Grewal Law, our experienced team of Okemos wrongful death lawyers is here to offer compassionate and skilled representation during these challenging times. We are dedicated to helping families in Okemos and throughout Michigan seek justice for their loved ones.

For a free consultation with our wrongful death lawyer in Okemos, contact us today at (517) 245-0700!

What is Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. In Michigan, wrongful death claims are governed by the state's wrongful death statute, which allows certain family members to pursue compensation on behalf of the deceased individual. 

Wrongful death claims can arise from various situations, including:

• Car and truck accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Intentional harm or criminal actions

The purpose of a wrongful death lawsuit is not only to seek justice but also to provide financial relief to the surviving family members who are left to cope with the emotional and financial toll of their loss.

How to Prove Negligence

In Michigan, four primary elements must be established in a wrongful death claim:

1. Duty of Care: The defendant owed the deceased a duty of care. For example, drivers must follow traffic laws and avoid causing harm.
2. Breach of Duty: The defendant failed to meet their duty through negligent or reckless behavior, such as driving under the influence.
3. Causation: The breach of duty directly led to the individual's death. Plaintiffs must show a clear connection between the defendant’s actions and the fatal result.
4. Damages: The family must show that the death resulted in measurable damages, such as lost income, medical bills, and emotional suffering.

Who Can File a Wrongful Death Lawsuit in MI?

In Michigan, not just anyone can file a wrongful death lawsuit. The law outlines specific individuals who are eligible to bring forth a claim on behalf of the deceased person. These include:

• Spouse of the deceased
• Children or stepchildren of the deceased
• Parents of the deceased
• Siblings of the deceased
• Grandparents of the deceased
• Other heirs or individuals named in the will

Typically, the personal representative of the deceased’s estate is the one who files the wrongful death lawsuit. The personal representative is often named in the will, but if there is no will, the court may appoint someone to serve in this capacity. Once the lawsuit is filed, notice must be given to all eligible family members who have the right to receive compensation from the claim.

Compensation from a Wrongful Death Claim

The damages in a wrongful death claim are intended to provide financial support to the surviving family members and address the losses caused by the death. In Michigan, wrongful death damages can include:

• Funeral and Burial Expenses: The costs associated with the funeral, burial, or cremation of the deceased can be recovered through a wrongful death claim.
• Medical Expenses: If the deceased incurred medical bills prior to their death due to the negligent actions of the defendant, these expenses can be included in the claim.
• Lost Wages and Financial Support: Surviving family members can seek compensation for the lost income and financial support that the deceased would have provided had they lived.
• Loss of Companionship and Emotional Support: Family members may also be entitled to compensation for the emotional pain and suffering they’ve endured due to the loss of their loved one.
• Pain and Suffering of the Deceased: In some cases, compensation may be awarded for the pain and suffering the deceased experienced prior to their death.

What is the Statute of Limitation For Wrongful Death Claims in Michigan?

Wrongful death claims in Michigan must be filed within specific timeframes. The standard statute of limitations gives families three years from the date of death to start a lawsuit. This deadline may change based on the circumstances, such as when medical malpractice plays a role. Missing the filing deadline can prevent your family from recovering damages. Okemos families benefit from guidance on local timelines and court rules since prompt action is needed to protect their right to pursue justice. Working with a wrongful death lawyer who understands Michigan deadlines helps you stay on the right track during a difficult time.

FAQs

How long do wrongful death cases usually take?

The length of a wrongful death case in Okemos depends on the complexity and the willingness of each side to resolve the case. Some cases settle in a few months, while more complicated ones may take longer if they go to trial in Ingham County.

What costs are involved in bringing a wrongful death lawsuit?

Most attorneys handling wrongful death claims work on a contingency fee basis. This means you do not pay legal fees unless there is a recovery. Additional costs may include court filing fees and costs to obtain required documents.

Does Michigan cap damages in wrongful death claims?

Michigan generally does not cap damages in wrongful death lawsuits, but there are exceptions for claims involving medical malpractice. Knowing what types of damages are recoverable helps families set realistic expectations.