A wrongful death should never have to happen to a family. You're grieving and dealing with unanticipated medical expenses, burial expenses, and financial challenges. These problems make you feel even more tense, anxious, and frustrated. Nevertheless, you likely feel called to pursue justice for your departed loved one, and your family is entitled to monetary damages.
This is a sensitive moment. You don't need the burden of dealing with legal matters. Speak with a Grand Rapids wrongful death attorney who can handle your case. In the meantime, you can concentrate on your family's healing process.
We at the Law Offices of Christopher Trainor & Associates know how deeply hurt you are. Having handled wrongful death cases in Grand Rapids for decades, we understand how difficult these situations are for families. We have dedicated our practice to helping families recover compensation from negligent parties. Your family deserves compassionate support and legal representation.
We can summarize the process of pursuing a wrongful death claim in three steps.
Our legal staff is aware that money can never replace the memories of a loved one who passed away. However, successful wrongful death claims help families get the money they need to get through financial hardship. In addition to providing justice to the guilty person or parties, a claim can bring closure to the situation.
Your family’s financial status could deteriorate without the legal assistance of an attorney. It is already stressful enough to make ends meet when you must cover funeral costs, hospital bills, and ongoing living expenditures. This situation is especially challenging if the deceased was the family's primary provider.
Let our wrongful death lawyers lift that burden off your shoulders. The Law Offices of Christopher Trainor & Associates are here to support you at every turn. We won't let up until your loved one gets justice.
Ready to hold the liable party accountable? Contact us today.
The legal phrase "wrongful death" refers to circumstances in which someone dies as a result of the recklessness, malice, or negligence of another person. Unlawful death can occur under circumstances ranging from drunk driving to workplace accidents.
Michigan offers surviving family members legal options. The survivors may file a lawsuit against the careless person. Wrongful death litigation falls under the category of personal injury law. This legal area holds the negligent party responsible for the victim's demise.
Human life is fragile. This fact is most noticeable when a loved one passes away due to someone's wrongful act. The loss of life is heartwrenching, whether intentional or not. In either case, the family has the right to seek damages through a civil lawsuit.
The law holds the person who caused the fatal accident liable. Let's examine pedestrian accidents as an example. Let's say a drunk driver runs a red light and hits a young man who is crossing the intersection of Ottawa Avenue and Ionia Avenue. The collision claims the pedestrian's life.
In this case, the young man's widow may sue the motorist by consulting with a Grand Rapids wrongful death lawyer. The wife has the right to seek compensation for the loss of her husband due to the defendant’s negligence.
If someone acts with the deliberate purpose of killing, they may face criminal charges, but you can still bring a wrongful death claim against them in civil court as well.
Bereaved family members are devastated by any sudden death. Legally, these deaths may be the consequence of intentional or negligent behavior. Families can pursue legal recourse to obtain justice and compensation in either scenario.
A loved one dies from an unimaginable tragedy. A multitude of factors might lead to these horrific fatalities. Among the most typical are the following:
There are risks for untimely deaths in every facet of life. It serves as a sobering reminder that the loss of life can occur in any situation.
In cases of wrongful death, insurance policies frequently take center stage. Various insurance coverage policies may apply depending on the circumstances surrounding the death.
The first line of financial redress in cases where a motor accident caused wrongful death is usually auto insurance. According to Michigan's no-fault insurance regulations, every driver needs to have Personal Injury Protection (PIP) insurance. PIP pays for a portion of the deceased's medical costs and burial costs, even if someone else caused the accident.
However, the victim's estate may claim the at-fault driver's Bodily Injury Liability (BIL) coverage if further damages are desired, such as pain and suffering or loss of companionship.
When a wrongful death takes place on someone's property, homeowner's insurance becomes relevant. For example, a visitor dies due to a rickety banister after falling down a staircase. Usually, these plans include liability coverage, which can pay damages for the death if the homeowner is at fault. It's helpful for homeowners to read the fine print in their policies, including any exclusions or limits that may impact the claim.
Medical malpractice insurance protects healthcare providers from lawsuits alleging death resulting from medical errors. Medical standards and procedures must be examined before filing a malpractice claim. Families impacted by this tragedy are strongly advised to obtain legal counsel from an accomplished Grand Rapids wrongful death lawyer who handles these cases.
Naturally, money cannot bring back a cherished family member. However, seeking compensation is about more than just giving the surviving relatives a stable income. It also involves making the negligent party answerable for their misconduct.
Insurance providers can present challenges for families. Claims disputes can make it more difficult to get compensation. The following material offers insight into potential situations and how to address them.
Insurance companies may use various strategies to reduce the amount paid to the surviving family members of the deceased. Among them are:
Your interaction with insurers calls for perseverance, patience, and a calculated strategy. Family members can employ the following tactics to resolve these conflicts more skillfully:
Sometimes, Grand Rapids families must deal with both the grief of a loved one's untimely death and insurance disputes. It's unfortunate. However, when you anticipate the possible obstacles, your chances of receiving compensation, accountability, and justice will increase.
In a wrongful death lawsuit, the burden of proof rests with the plaintiffs. They have to provide evidence the defendant caused the wrongful death of their loved one. That is, they need to demonstrate negligence. This legal concept is "the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances." The party bringing the complaint must satisfy each of the four components of negligence, which are as follows:
The degree of negligence depends on how well the evidence supports your argument. The type of proof required varies from one instance to the next. Nonetheless, to put together a strong case, wrongful death lawyers frequently gather the following evidence:
The foundation of a wrongful death claim is the ability to demonstrate carelessness. Because so much depends on the facts, think about working with a Grand Rapids, MI, attorney who can gather all the proof you need to bolster your claim.
An unexpected death has occurred involving a loved one. It happened by mistake. However, that does not make the loss any easier to bear. Maybe it even worsens the situation. You may be thinking that the guilty party could have avoided this tragedy. You're now searching for justice. Can you file a lawsuit?
Under Michigan law, a personal representative (or executor) is the only person who can file a wrongful death lawsuit. This representative acts on behalf of the surviving family members and other beneficiaries, which includes the following:
The chronology of a wrongful death case is a step-by-step process. Let's take a closer look:
Make an appointment to speak with a Grand Rapids personal injury lawyer who handles wrongful death cases. The lawyer will listen to the details of your situation, respond to your inquiries, assess the strength of your case, clarify the relevant legal rules, and outline your available legal options.
Wrongful death lawyers obtain pertinent documentation, including witness accounts, accident reports, and medical records. The intention is to identify the at-fault party. Suppose a semi-truck driver kills someone in an automobile collision. An attorney would talk to eyewitnesses, look at skid marks, watch video footage, and review the driver's logbook.
A lawyer's responsibility includes negotiating with an insurance company. The goal is to come to a settlement that compensates the family for their loss. A wrongful death lawyer comes into these discussions aware of the total amount of money that can be recovered since they have taken into account damages like lost wages, funeral costs, hospital expenses, and psychological suffering.
Negotiations may not always result in a fair settlement for the family. Though it's uncommon, it does occur. A Grand Rapids wrongful death lawyer can move forward with trial preparation in this instance. In court, your lawyer argues on your behalf and seeks a positive outcome.
Every client's wrongful death lawsuit follows a different timeline. While some cases resolve in months, others may need to go to trial and take up to a year or longer. A Grand Rapids wrongful death lawyer can fight for your family throughout the whole legal process, regardless of how long it takes.
There is a statute of limitations in Michigan for bringing legal action. This date pertains to situations of wrongful death and other personal injury lawsuits. The period begins on the day of your loved one's death and ends after three years. You can only submit the case within the timeframe of the deadline.
Families are thrown into a harsh new world after a wrongful death. The family of the departed loved one may go through emotional and financial turmoil. According to Michigan statutes, the heirs may seek damages for their losses. The statute opens avenues for non-economic and economic relief for immediate family members.
Economic damages are the actual monetary losses incurred due to wrongful death. The following are covered under this compensation:
Surviving family members are compensated for their intangible losses through non-economic damages. This payment can cover the following:
In cases of extreme negligence or intentional wrongdoing, Michigan provides punitive damages. Courts rarely give these rewards. However, this kind of compensation is typically granted in cases of tragic death or specific product liability lawsuits.
Monetary support for surviving family members considers the deceased's projected future earnings. Also, their predicted lost income is part of the calculation. The goal of this computation is to maintain the family's financial stability.
The formula for estimating the loss of future wages is well-established. For instance, their age and remaining work years influence the compensation. Additional elements consist of:
Imagine that a 34-year-old speech pathologist is killed in a pedestrian accident by an intoxicated driver. At the time of the death, the nurse was paid $70,000 per year. Future earning potential is calculated using this revenue as a base for the monetary value of the wrongful death claims.
Assuming that the young speech pathologist was anticipated to grow in her profession and perhaps get paid more, a Grand Rapids wrongful death lawyer or financial specialist could project future income depending on how well the nurse does at work, market trends, and other relevant factors.
A certain amount of financial stability may be provided to surviving families by the anticipated loss of a loved one's future earnings. A skilled wrongful death attorney can protect the family's financial interests.
According to the Michigan statutes, specific family members or executors of the deceased may pursue monetary damages for their losses. The costs associated with the actual death are included in these damages. An outline of the procedures grieving families can follow to get a wrongful death settlement is provided below.
A structured settlement or a lump sum payment may be given to families. A lump sum is an agreed-upon amount that is paid all at once. When is this payment the most viable option? Often, families prefer this alternative for urgent expenses or to pay off major expenses such as a house mortgage.
However, beneficiaries of structured settlements receive regular payments. This choice creates a reliable source of income. A family's payout type is based on their financial circumstances.
Settlements for wrongful deaths have tax ramifications. Wrongful death compensation is typically not regarded by the IRS as taxable income. In situations where punitive damages and settlement interest are involved, there are some exclusions. For advice on any associated tax matters, it is best to speak with your lawyer or a tax specialist.
Families in Grand Rapids who are mourning a loved one's untimely death ought to receive justice as well as compassion. We know money cannot bring back a lost loved one. However, a wrongful death settlement can give the bereaved family financial support and a feeling of closure. A skilled wrongful death lawyer can battle to recover the damages you are legally entitled to.
Moving forward after the death of a loved one is difficult. It's important to have a support network to lean on during this time. Some don't realize that an attorney can play a vital role in that network. They can fight to safeguard your legal rights and the legacy of your departed loved one. In addition to the legal issues, a compassionate lawyer understands the grieving process and is sensitive to your emotional well-being throughout the legal process.
These are some additional things to anticipate:
The judicial system can be complicated for bereaved families to navigate, and the road to justice can be arduous. On the other hand, a sympathetic lawyer offers comfort and works to make the guilty party answerable for your loss.
Has someone else's negligence caused you to lose a loved one? Are you grieving your loss? Does the pursuit of justice seem unattainable? Our legal team is ready to assist you in your time of need. We know all too well the impact wrongful deaths have on families.
For many years, our legal practice has served the Grand Rapids community. Many of our cases have involved wrongful death accidents. Our mission is to provide you with empathetic support and vigorous legal counsel during every phase of your claim.
Reach out to us today by email or call us at 248-886-8650. At the Law Offices of Christopher Trainor & Associates, we're here to help you begin your journey toward justice. Our compassionate Grand Rapids wrongful death lawyers are ready to listen, assess your case, and support you through this challenging time.
Legally speaking, any Michigan-licensed attorney can handle a wrongful death claim. But it's best that you have a wrongful death lawyer who specializes in that area of law. Look for a lawyer with experience representing surviving family members. They can offer you the best opportunity to have a successful outcome.
Although it's not required by law, working with an experienced Grand Rapids wrongful death lawyer is recommended if you want the best result for your case. They can provide advice, obtain evidence, negotiate with insurance companies, and represent your interests in court.
Families may challenge the payment if a settlement is unfairly or unlawfully divided among beneficiaries. Family disputes may need to be resolved by the court and might cause delays in the settlement process.
Michigan law uses laws about comparative negligence to solve this issue. If the deceased person contributed to the surviving family member's death, the damages awarded to them may be lowered.
You can file a wrongful death lawsuit even if the deceased had a pre-existing medical condition. It must be demonstrated that the accident caused the sickness or made it worse, which led to the death. To be sure, ask your attorney because every situation is different.
A wrongful death claim can take anywehre from a few months to over a year. Numerous elements are considered, including the case's intricacy, the volume of evidence, and the parties' openness to a settlement.
If the person responsible for the wrongful death has insufficient insurance to cover the assessed damages, you can seek restitution from their assets. Underinsured or uninsured motorist coverage may also offer higher compensation in some circumstances.
