Wrongful Death

Wrongful Death is a broad area of Law that allows recovery to surviving family members. Wrongful death is defined as a death that results from a wrongful act or from negligence; a death that can serve as a basis for a civil action for damages on behalf of the dead person’s family of heirs.

When a loved one dies unexpectedly in an auto accident, work accident, construction accident, medical accident or other accident it can be devastating to families. It is even more difficult when the loss is due to the senseless negligent act of another. In Michigan, and most states you may be able to recover damages in a wrongful death lawsuit. These cases are usually brought on behalf of the deceased by his surviving spouse, child or parent. Damages include the amount of money the family lost in terms of financial support, services, lost prospect of inheritance and medical and funeral costs.

In Michigan, only the personal representative of the estate of the deceased person may bring an action for wrongful death. If a valid Will does not already name one, the first major decision is to petition the court to appoint an appropriate personal representative. The personal representative will give notices to heirs and file a lawsuit on behalf of the estate. Generally speaking, the persons who might be entitled to damages are the deceased spouse, children, decedent’s parents, grandparents, brothers and sisters.

The Michigan Wrongful Death Act allows recovery for reasonable medical, funeral, and burial expenses for which the estate is responsible. The Michigan Wrongful Death act also allows recovery for loss of society and companionship. A wrongful death action may also include a claim for compensation for the deceased conscious pain and suffering. That means the suffering that occurred between the time of the accident and the actual death. These damages are recoverable even when the time of suffering is extremely short.

Loss of financial support may also be recoverable in Michigan if the deceased had a legal obligation to provide support. Arguably, it is also recoverable if the deceased voluntarily provided support to an heir. Work life expectancy can be tricky, since people may choose to continue to work after they retire. If you are faced with a wrongful death of a loved one, please consider The Law Offices of Gerald R. Stahl to prosecute your families claim.