Losing someone you love is tragic and emotionally overwhelming in any circumstances. When you learn that their death could have been prevented and only occurred due to the other party’s maliciousness, recklessness, or carelessness, it becomes that much harder to bear. When emotions are already high, the idea of taking legal action via a wrongful death lawsuit against the liable party may sound like too much to handle. Fortunately, the experienced Detroit wrongful death attorneys at the Law Offices of Christopher Trainor & Associates are here to help.
Our skilled and dedicated lawyers will work diligently to review the circumstances of the accident, collect all relevant evidence, and build the strongest claim possible on your behalf to ensure that you and your family receive the maximum amount of financial compensation for your wrongful death case.
When one person dies due to the negligence or wrongful act of another, the death is considered wrongful. The phrase itself typically refers to the lawsuit that is brought against the defendant. After the victim’s passing, Michigan law permits the surviving family members of the deceased to bring a lawsuit against the liable person or persons in order to recover financial compensation. This is usually done under the guidance of a Detroit wrongful death attorney. For a death to be considered wrongful, the action or, in some cases, inaction that caused it does not need to have been deliberate, but merely negligent.
Our knowledgeable Detroit wrongful death attorneys can help those pursuing a wrongful death claim analyze the facts of the accident and establish negligence. These cases can be brought against persons, companies, businesses, product manufacturers, and any other entity responsible for the death. Wrongful death lawsuits can also be filed in cases of deaths arising from medical negligence.
Surviving family members can file a lawsuit for wrongful death under a set of rules similar to those that would apply to the deceased had they lived. Wrongful death encompasses a variety of situations. At the Law Offices of Christopher Trainor & Associates, we handle wrongful death cases stemming from:
A report published by the National Safety Council shows that accidental injuries are the number one cause of unintentional deaths for people between one and 42 years of age in the United States, and they are the fifth most common cause of unintentional deaths among any age group, and the majority are caused by negligence.
In 2016, 30.8 million people were admitted to hospital emergency rooms nationwide for the treatment of accidental injuries. Although not all were the result of negligence, and most of the injuries were classified as minor, an additional 161,374 unintentional deaths took place during that same year.
Out of these unintentional deaths:
Other contributing accidents, included those involving medical negligence, drug overdoses, and accidents involving firearms. 63% of these victims were men and 37% were women.
To prove that a death was wrongful, you must be able to prove that the defendant named in your lawsuit was negligent and that their negligence caused the death of your loved one. For instance, if a driver ran a stop sign and collided with another vehicle and the driver of that other vehicle died due to their injuries, then showing that the driver ran a stop sign is clear proof of negligence. If your loved one’s death was the result of a deliberate act, then you must present evidence that supports this claim. Both of these wrongful death claims bear the same burden of proof as any other personal injury lawsuit.
Our Detroit wrongful death lawyers will conduct a thorough investigation into the circumstances surrounding the fatal accident in order to determine negligence. In the event that a lawsuit is filed, the sworn testimonies of any eyewitnesses and other involved parties will be taken to establish liability for the death.
According to state law, only the personal representative of the deceased’s estate, also known as the executor, is eligible to file a wrongful death claim. Once the case has been officially filed, the executor has 30 days to notify any surviving family members. Once the wrongful death notification has been received, each family member then has 60 days to inform the estate of any damages they feel they are entitled to collect. Failure to respond within the 60-day timeframe could result in their right to damages being waived should the case be successful.
It is important to keep in mind that, in the majority of cases, only specific relatives are entitled to collect financial compensation from a Detroit wrongful death case. Potential beneficiaries are:
A Detroit wrongful death lawyer from the Law Offices of Christopher Trainor & Associates can offer you legal guidance that is specific to your case. We can determine whether or not you are entitled to pursue a wrongful death claim, and if so, we will begin working on your case right away.
<h2What is the Process of Filing a Detroit Wrongful Death Lawsuit?
The first step in the process of filing a Detroit wrongful death claim is for an eligible relative to hire an experienced attorney who can determine if they have a valid claim according to state law. If the claim is found to be valid, the next step would be to have the probate court appoint an executor, who can then file the suit on behalf of the other surviving family members, collectively referred to as “the estate”. The lawsuit must be filed through the civil court in the jurisdiction where the deceased last lived, owned property, or in the jurisdiction where the death occurred.
The requirements and details for filing a wrongful death case are outlined in Michigan’s Wrongful Death Act. They include:
Although this is often done via the probate court in the county where the victim last resided, the deceased’s estate may also be opened in the jurisdiction where the suit will be filed or where the death occurred. No matter what the circumstances, a skilled Detroit wrongful death attorney can help you and your family understand their rights and begin the claim process.
When you choose us to pursue a wrongful death claim, we will handle the entire probate process for you. After the executor has been appointed, we will file your lawsuit in circuit court.
The lawsuit is a legal document known as a complaint. It is filed with the court and outlines the legal basis for the wrongful death claim. Once a process server serves the lawsuit on the defendant(s), the process of litigation begins.
The amount of time it takes to resolve a wrongful death case hinges on numerous factors. Certain wrongful death cases, such as those arising from medical malpractice, tend to take longer than car accidents and slip-and-fall cases. It will also depend on how long the judge gives the involved parties to conduct their investigations and take depositions. Cases with clear liability that are fairly straightforward will resolve more quickly. In short, the more complex your case is, the longer it is going to take.
In many cases, the judge will also require a representative from each party to attend a settlement facilitation or mediation. During this process, the involved parties and their lawyers will meet with a mediator, usually a retired judge, who will try to negotiate a fair settlement in an amicable environment that is much less stressful than court. In most cases, a settlement is reached before the case goes to trial.
The financial compensation obtained through a lawsuit is known as a wrongful death settlement. No personal injury case, including wrongful death cases, has a set value at the time it comes in. There are no concrete guidelines or schedules for calculating the value of a wrongful death claim. If the case cannot be settled by the involved parties during mediation, it will go to court where a jury or judge will determine how much the case is worth and how much money should be awarded to the family.
A wrongful death settlement includes financial compensation for both economic and non-economic damages. Every wrongful death case occurs under unique circumstances, so there is no “typical amount” or “ballpark estimate.” The experienced Detroit wrongful death attorneys at the Law Offices of Christopher Trainor will fight to ensure you receive the maximum amount of financial compensation pursuant to state law.
Wrongful death damages are separated into two distinct categories. They are:
Compensatory damages are intended to compensate surviving family members for the damages they incurred due to the unexpected loss of their loved one. These damages are split into two types.
The first type is economic damages, which cover any monetary damages. This can entail various expenses such as medical bills, funeral and burial costs, loss of income and financial support, as well as the value of services and benefits the deceased would have provided to their family. Additionally, economic damages may also cover future earnings that the deceased would have earned if not for their untimely death. These damages aim to provide financial compensation to the surviving family members for the tangible economic impact of losing their loved one.
The second is non-economic damages. These cover intangible, non-monetary losses endured by the family as a result of the death. Non-economic damages include the loss of comfort, emotional support, society, companionship, consortium, and moral support resulting from the death. These damages also consider the loss to each member of the victim’s family, as well as compensation for the pain and suffering experienced by the deceased from the time of their accident until the time of their death.
The surviving family members are also entitled to financial compensation for the monetary losses stemming from their loved one’s death. These damages often include the recovery of lost wages and lost future wages. Your Detroit wrongful death lawyer will work closely with an experienced accountant or economist to prove the full extent of these damages.
Claims may also be awarded for the loss of work-related benefits, such as pensions and health insurance, and a loss of financial support. The family is entitled to compensation for reasonable funeral and burial or cremation expenses as well.
In most cases, an accountant or economist will also assign a dollar value to the loss of domestic services provided by the deceased before their passing. These are services that, when not performed by a member of the family, cost money, such as cooking, cleaning, child care, homeschooling, etc.
Punitive damages are quite rare in personal injury and wrongful death cases and are very different from the compensatory damages discussed above. Whereas compensatory damages are intended to make victims financially whole, punitive damages are an economic penalty intended to punish the at-fault party in cases where the death was the result of willful intent or criminal negligence, such as drunk driving. The negligence has to be particularly egregious in order for punitive damages to be considered in a wrongful death case in the state of Michigan.
State law specifies which of the victim’s heirs is eligible to benefit from a wrongful death settlement. The main beneficiaries are most often parents, children, and spouses. In some cases, grandparents and other blood relations could also be eligible for a portion of the settlement money. All funerary costs are repaid to the person who covered the service and burial before any funds are distributed among the heirs.
Other family members, such as the victim’s adopted children and others named in the will, might also be eligible to collect a portion of the settlement. To find out for sure who is eligible to receive proceeds from a wrongful death settlement, contact a Detroit wrongful death lawyer.
Michigan Civil Jury Instruction directly addresses the extent of damages for harm to a spouse arising from the wrongful death of the other spouse. The surviving spouse could be entitled to damages for:
These damages cover the past, meaning from the day of the victim’s passing up through the present, along with the damages the surviving spouse will experience during the course of their lifetime. Your Detroit wrongful death attorney can calculate the true extent of your damages and ensure that the proper claims are filed.
After the involved parties agree on a specific settlement amount, the next step is determining how the money will paid out to surviving relatives. The real question being asked here is which family members will get a share of the settlement and how much will each of them get. When the settlement is ready to be paid out, the executor will suggest a distribution to the other heirs. Each relative will be sent a copy of the suggested settlement shares and given the chance to challenge it if they think it isn’t fair. Once all parties have made their arguments, a hearing will be scheduled and a judge will make the final decision as to who gets what portion of the settlement proceeds.
In most cases, the deceased’s surviving children and spouse are awarded the largest portions of the settlement. However, this is not necessarily true in every wrongful death case since the final decision is primarily based on family dynamics and how close each of the surviving family members was with the deceased. Usually, the relatives are able to agree on the proposed distribution of settlement funds and, as long as the judge overseeing the case feels the proposition is appropriate and fair and appropriate, the funds will be distributed accordingly.
In the event that some members of the family are unable to come to an agreement as to how much each person should receive, the presiding judge will schedule a hearing and distribute the settlement proceeds how they see fit according to the law.
Either way, a court order delineating exactly how much was paid and to whom will be entered into the system. After the money is collected by the lawyer on behalf of the personal representative, it will be distributed among the beneficiaries in compliance with the court order.
The Internal Revenue states that the proceeds of any lawsuit settlements awarded by a court for physical injury or illness are not taxable. This law also covers wrongful death settlements because the damages are decided by the court’s determination that a third party was liable for the physical injury or illness that caused the death.
If you have questions or concerns about the potential tax implications of your wrongful death settlement, we strongly urge you to discuss your settlement claim with your tax preparer or accountant. This is the smartest way to ensure you don’t owe any taxes on your settlement monies.
Michigan law limits the amount of time you have to file a wrongful death lawsuit based on the nature of the case. This deadline, known as the statute of limitations, is not the same for every personal injury lawsuit. For instance, car accident cases are subject to a three-year statute of limitations. Michigan law also states that most negligence cases have to be filed no more than three years from the day the accident occurred. For deaths resulting from willful acts, such as a police shooting or an assault, the statute of limitations is only two years from the day of the event.
The statute of limitations for lawsuits centering around nursing home negligence or medical malpractice is limited to two years as well. However, depending on the circumstances of your specific case, you could have as long as five years to file your lawsuit.
This is just one aspect of filing a wrongful death lawsuit in which a Detroit wrongful death lawyer can be invaluable. If you wait too long to file your claim and the applicable statute of limitations has already expired, you will be barred from collecting any financial compensation at all no matter how severe your damages may have been.
The statute of limitations for lawsuits centering around nursing home negligence or medical malpractice is limited to two years as well. However, depending on the circumstances of your specific case, you could have as long as five years to file your lawsuit.
This is just one aspect of filing a wrongful death lawsuit in which a Detroit wrongful death lawyer can be invaluable. If you wait too long to file your claim and the applicable statute of limitations has already expired, you will be barred from collecting any financial compensation at all, no matter how severe your damages may have been.
It costs absolutely nothing upfront to hire an experienced Detroit wrongful death attorney from the Law Offices of Christopher Trainor & Associates.
We never charge our clients any upfront fees to begin working on their cases. We only collect money from you if we are successful in securing a settlement or jury award for your wrongful death claim. This form of payment is known as a contingency fee arrangement because our getting paid is contingent on the outcome of your case. We also cover all case expenses upfront, such as filing fees and hiring expert witnesses, and we will carefully go over our fees and expenses with you once we receive your settlement check.
Although you would be perfectly within your rights to handle your case without a lawyer, a Detroit wrongful death case is best handled with the aid of an experienced attorney as they involve intricate legal theories and tend to be quite complex. Also, the statute of limitations on your claim means that accurate and timely filing is vital to your financial recovery. The Detroit wrongful death lawyers at the Law Offices of Christopher Trainor & Associates have decades of combined experience practicing personal injury law and know how to efficiently navigate the legal process while still ensuring that our clients receive the full and fair financial compensation they need and deserve.
Our skilled attorneys can assist you by:
The Detroit wrongful death attorneys at the Law Offices of Christopher Trainor & Associates have the experience, knowledge, skill, and resources you need to obtain the maximum settlement amount for your damages. Contact us as soon as possible by calling (248) 886-8650 or filling out the contact form on our website to schedule a free, no-obligation consultation.
