Losing a loved one in a preventable accident is a shattering experience for any family. The sudden absence of a spouse, parent, or child can leave you grappling with emotional pain and financial uncertainty. However, as you move through this difficult time, it’s important to consider your future and what you can do to protect yourself and your family. This is where a wrongful death lawyer from the Lee Steinberg Law Firm, P.C., can make a difference.
If your loved one died as a result of someone else’s negligence, our experienced attorneys are here to help you file a wrongful death claim. A successful legal claim can offer financial stability by helping to cover lost income, medical expenses, and other costs that may arise during this challenging period.
If you’re unsure whether pursuing a lawsuit is the right decision for you, we invite you to consult with our experienced Flint wrongful death lawyers. We offer compassionate support and clear, honest advice to help you make informed decisions. Our goal is to provide you with the guidance and resources you need to move forward with confidence and security.
Why Hire Us for Your Wrongful Death Claim in Flint?
Bringing a wrongful death claim can be challenging, especially when you are grieving the loss of a loved one. At the Lee Steinberg Law Firm, P.C., we understand your emotional and financial stress and are here to help. Here’s how:
- Proven Track Record: With over 50 years of experience in Michigan personal injury law, our law office has a long history of successfully handling wrongful death claims. We have secured significant settlements and verdicts for our clients, demonstrating our ability to achieve favorable outcomes.
- Experienced Personal Injury Attorneys: Founded by nationally recognized attorney Lee Steinberg in 1973, our law office is staffed by dedicated personal injury lawyers who are well-versed in wrongful death law. Our legal team has the dedicated knowledge and extensive experience to fight for the compensation you deserve.
- Resourceful Advocacy: As one of Michigan’s largest personal injury law firms, we have the resources necessary to investigate and build a strong case thoroughly. We invest in expert witnesses, gather key evidence, and leverage our extensive network to support your claim.
- Client-Focused Approach: Our primary goal is to alleviate your fears and anxiety during this difficult time. Our Flint wrongful death lawyers handle all aspects of your case, allowing you to focus on healing and moving forward. Our compassionate approach ensures that you feel supported throughout the legal process.
- Fighting for Your Rights: We represent only injury victims and will go up against large corporations and insurance companies on your behalf. Our firm is committed to protecting your rights and ensuring that justice is served.
At the Lee Steinberg Law Firm, P.C., we can provide the support, resources, and expertise you need to achieve a successful outcome. Contact our law office in Flint today to learn more about how we can help you.
Michigan Wrongful Death Laws Explained
Michigan law defines “wrongful death” as a loss that occurs due to any “wrongful act, neglect, or fault of another” that would have allowed the deceased person to file a personal injury lawsuit if they had survived. This includes preventable deaths caused by fatal car accidents, truck accidents, medical malpractice, and other forms of negligence. Importantly, the statute also covers miscarriages caused by negligence, allowing the mother to seek monetary compensation for her losses.
Under the Michigan Wrongful Death Act, family members of individuals who died due to a wrongful or negligent act can sue the responsible party for monetary damages. This law aims to provide financial support and a sense of justice to those affected by the untimely death of a loved one.
Who Can File a Wrongful Death Claim?
In Michigan, the wrongful death statute allows certain family members to file a lawsuit seeking fair compensation for their loss. Eligible family members, in order of priority, are as follows:
- Spouse
- Biological and adopted children
- Biological and adoptive parents
- Siblings
- Grandparents
- Grandchildren
- Other relatives (in some cases, more distant relatives like aunts and uncles may also be eligible to file a claim)
If the deceased person left a will, any person named as an heir of the estate may have the right to file a lawsuit. This often requires the help of a Flint wrongful death lawyer to prepare the paperwork and ensure the claim is properly filed. It is important to note that before a wrongful death claim can be filed, the family member or heir must be appointed as the personal representative of the deceased’s estate.
How to File a Wrongful Death Lawsuit in Michigan
The process of filing a wrongful death lawsuit in Michigan involves several key steps to ensure that the process is handled correctly and that the rights of the remaining family members are protected.
Hire a Wrongful Death Lawyer
The first step is to hire an experienced Flint wrongful death lawyer. A knowledgeable attorney can help determine if there is a valid basis for a wrongful death claim under state law. They will review the circumstances of the death, calculate economic and non-economic damages, and advise you on the best course of action against the negligent parties.
Appoint a Personal Representative
If the lawyer determines that there are valid claims, the next step is to have a personal representative appointed. This individual is responsible for filing the lawsuit on behalf of the estate and the surviving family members. The appointment is made by the probate court in the county where the deceased person last resided, had property, or where the accidental death occurred.
Understand the Michigan Wrongful Death Act
The Michigan Wrongful Death outlines the requirements for filing a wrongful death lawsuit. Key points include:
- Eligible Family Members: The Act specifies which family members can file a claim against the liable parties and their priority in the case.
- Notification Procedures: There are established legal procedures for notifying other family members that a claim has been filed and informing them of their rights.
- Types of Damages: The Act details the types of monetary damages and compensation that can be sought, including medical expenses, burial expenses, funeral costs, loss of current and future income, and pain and suffering.
- Disbursing Proceeds: The procedures for disbursing any settlement or claim proceeds to the surviving family members are also specified.
File the Lawsuit
Once the personal representative is appointed, the wrongful death lawsuit can be filed in the appropriate court. This is typically done in the probate court within the county where the deceased last resided or where the death occurred.
Notify Family Members
The personal representative, with the help of the attorney, must notify all eligible family members about the wrongful death claim. This ensures that everyone is aware of the lawsuit and their legal rights.
Gather Evidence and Build the Case
The attorney will gather evidence to support the wrongful death claim. This may include medical records, accident reports, witness statements, and expert testimonies. Building a strong case is crucial for achieving a successful outcome.
Negotiate or Go to Trial
Many wrongful death cases are settled out of court through negotiation with the applicable insurance companies. However, if a fair settlement can’t be negotiated, the case may go to trial. The attorney will represent the estate and family members in court, presenting the evidence and arguing for the compensation due.
Disburse Settlement Proceeds
If the case is successful, the settlement or judgment proceeds will be disbursed according to the probate court’s instructions and the provisions of the Michigan Wrongful Death Act. This ensures that all eligible family members receive their rightful share.
Compensation in a Wrongful Death Claim
Compensation in a wrongful death claim is designed to address the financial and emotional impact of the loss. These losses include:
- Medical Expenses: Family members can seek compensation for the medical costs incurred due to the deceased’s injury or illness before death. This includes hospital bills, doctor’s fees, medication, and any other related medical care expenses.
- Funeral Expenses and Burial Costs: The expenses for the deceased’s funeral and burial can be substantial. A wrongful death claim can include compensation to cover these costs, alleviating the financial burden on the family during a difficult time.
- Loss of Income: If the deceased was a breadwinner, the family might face significant financial hardship due to the loss of income. Compensation can be sought for the wages and benefits the deceased would have provided had they lived. This can include future earnings and potential raises or promotions.
- Loss of Companionship: Compensation can be awarded for the loss of care, companionship, and guidance that the deceased would have provided. Spouses can pursue a loss of consortium claim as well. This type of compensation acknowledges the emotional support and relationships that have been lost.
- Pain and Suffering: Compensation for pain and suffering addresses the physical pain, mental anguish, and emotional distress the deceased experienced before their death, as well as the emotional impact on the surviving family members. This intangible loss can include grief, anxiety, and the overall emotional toll of losing a loved one.
- Loss of Services: The deceased may have contributed to the household in various non-financial ways, such as childcare, home maintenance, or other domestic tasks. Compensation for the loss of services covers the value of these contributions and helps the family manage these responsibilities after the loss.
By working with a knowledgeable wrongful death attorney, families can ensure that they seek the appropriate compensation for their situation.
FAQs
How Long Do I Have To File a Wrongful Death Lawsuit in Michigan?
For most wrongful death cases involving negligence, such as car accidents, truck accidents, and other motor vehicle accidents, you have three years from the date of the incident to take legal action. This three-year time limit allows you to gather the necessary evidence and build a strong case.
If the wrongful death was caused by intentional or malicious actions, such as an assault or police shooting, the statute of limitations is two years. These cases require prompt action to ensure that your claim against the at-fault party is filed within the legal timeframe. For fatal accidents involving medical negligence or nursing home negligence, the general deadline is two years from the date of the incident. However, in certain circumstances, you may have longer than two years to take legal action.
It is important to contact a wrongful death attorney as soon as possible after your loved one dies. Waiting too long to file your lawsuit can result in losing the right to seek compensation. An attorney can help you understand the specific deadlines that apply to your case and ensure that all necessary steps are taken promptly.
How Much Does a Flint Wrongful Death Lawyer Cost?
Most wrongful death lawyers, including the Lee Steinberg Law Firm, P.C., work on a contingency fee basis. This means that you don’t have to pay any upfront fees to obtain legal representation. Instead, the lawyer’s fee is a percentage of the settlement or judgment awarded in your case. If the lawyer does not win your case, you do not owe any legal fees.
In addition to the contingency fee, there may be other costs associated with pursuing a wrongful death claim. These can include:
- Court filing fees
- Expert witness fees
- Administrative expenses
Many experienced lawyers will advance these costs on your behalf and deduct them from your settlement or judgment. It’s important to clarify with your attorney how these expenses will be handled.
Get a Free Consultation From a Flint Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence or malice is a painful experience, so understanding your rights can be overwhelming during such a difficult time. At the Lee Steinberg Law Firm, P.C., we are here to provide the legal advice and support you need to seek compensation for your loss. We work on a contingency fee basis and have the knowledge and resources to handle even the most complicated accidental death claims. If you believe you have a wrongful death claim, please contact the Lee Steinberg Law Firm, P.C. for a free consultation. Let us help you understand your legal options and take the necessary steps to protect your family’s future. For more information or to schedule an initial consultation, please call 810-487-4111 or contact our Flint office online today.
