Losing someone in a car accident is devastating — emotionally, financially, and legally. You may be overwhelmed with grief, unsure how to cover expenses, or uncertain about what happens next. While no lawsuit can undo the loss, filing a wrongful death claim can help ease the burden and hold the responsible party accountable. A wrongful death claim can help you make up for a loved one’s lost income, cover final expenses, and start planning for the future. Working with a fatal car accident attorney can help you make the strongest case possible. Call Davis Injury Lawyers, PLLC. today at (313) 462-7979 to start your claim.
A Detroit Car Accident Lawyer Can Help Recover Damages After a Fatal Car Accident
In the wake of deadly car accidents, you might not feel like you a fatal accident attorney. After all, your loved one was killed — it should be clear that the at-fault driver caused their death and that they should be held accountable. You might expect their insurance company to do the right thing and pay you a fair settlement, especially when it’s clear who caused the fatal car accident.
This is often not how it goes. Insurance companies often initially appear to have your best interests in mind. They may even seem sympathetic. Their only goal, though, is to improve their company’s bottom line, get them out of legal trouble, and close a claim as quickly as possible. This means you could be offered a lowball settlement, meaning you stand to lose after an accident. They might even try to find a way to pin the accident on your loved one, adding insult to injury.
We Can Handle Communication with the Insurance Company
Trying to get a straight answer from the liable party’s insurance company is often a fruitless task. It’s unlikely that anything you say will cause them to offer more. Instead, it’s easy for them to use something you’ve said to reduce your settlement offer. They might even refuse compensation entirely. Hiring a fatal car accident attorney can significantly reduce your stress and give you a fighting chance at justice.
Attorney Maurice Davis will take over communication with the insurance company and begin investigating your loved one’s car accident. As they begin to build a timeline and uncover what happened before, during, and after the accident, they will use the evidence they gather to figure out how much compensation you deserve. If the insurance company is not open to negotiating a fair settlement, your attorney will prepare for court. Whether justice can be found at the negotiating table or in the courtroom, your attorney will advocate aggressively on your behalf.
What Causes Fatal Car Crashes in Detroit?
Car accidents are extremely common in Michigan and Detroit. Many accidents can be traced back to a specific negligent action by the liable driver. Fatal car accidents are typically caused by:
- Reckless driving
- Speeding
- Hit and run accidents
- Driving under the influence
- Driving too fast for weather conditions
- Aggressive driving
- Distracted driving
- Unsafe road conditions
Wrongful Death Cases and Claims in Michigan
If another driver caused the crash that killed your loved one, you may be able to seek compensation with a wrongful death case. In Michigan, the personal representative of the estate must be the one to file a wrongful death suit. A case must be filed within three years of the date of death, and within 30 days of filing, the personal representative must notify the decedent’s family members in writing.
While you do technically have three years to file a wrongful death suit against the responsible party, it is not recommended that you wait that long. The longer you wait to start a case, the more likely it is that evidence will be lost or destroyed. This makes it difficult to pursue a lawsuit. You should reach out to a car accident attorney as soon as possible after a crash.
There are several types of damages that may be available in this type of case. Much depends on how much medical care the decedent received prior to their death, how the other driver contributed to or caused the accident, and the decedent’s contributions to their family.
What Kind of Damages Can You Recover in a Wrongful Death Claim?
Damages that may be available in a fatal car crash case include:
- Funeral and burial expenses
- Crash-related medical care
- Lost wages and income, including what the decedent would have likely earned in the future had they lived
- Pain and suffering caused to the decedent prior to their death
- Property damage
- Family members’ pain and suffering
- Loss of companionship
FAQs about Fatal Car Accidents in Detroit
Who can sue for a wrongful death after a car accident in Michigan?
In Michigan, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This person is often named in the will or appointed by the court. While the representative files the claim, surviving family members like a spouse, children, parents, or siblings may be eligible to receive compensation.
How long do I have to file a wrongful death lawsuit in Michigan?
You generally have three years from the date of your loved one’s death to file a wrongful death claim in Michigan. However, the sooner you begin, the better — waiting too long can lead to lost evidence and a weaker case. A lawyer can help you start the process quickly.
What if my loved one was partially at fault in a fatal car crash?
Michigan uses a modified comparative fault system. If your loved one was less than 51% at fault, you may still recover compensation, but the total amount may be reduced based on their share of the blame. If they were more than 50% at fault, you may not be able to recover damages.
How much is a wrongful death settlement worth in Michigan?
There’s no set amount for a wrongful death settlement. Compensation depends on several factors, including your loved one’s lost future income, funeral costs, medical bills, and the emotional and financial impact on surviving family members. An attorney can help you estimate a fair settlement based on your case.
Do I need a lawyer to file a wrongful death claim in Michigan?
While it’s not required, working with a wrongful death attorney can make a major difference. An experienced lawyer can handle communication with insurers, gather evidence, calculate damages, and file paperwork correctly — all while you focus on grieving and healing.
What evidence is used to prove fault in a fatal car accident?
Evidence may include police reports, crash scene photos, traffic camera footage, witness statements, and expert accident reconstruction. A lawyer will also review cell phone records, vehicle data, and toxicology reports if impaired driving is suspected.
Can I sue if the at-fault driver died in the crash too?
Yes. If the at-fault driver also died, their estate or insurance policy may still be held liable. Your lawyer can file a claim against the appropriate party to recover compensation.
Seek Justice With the Help of a Detroit Fatal Car Accident Attorney
When your loved one is killed in a car accident, it’s hard to think about how you’ll get through the next day, much less the rest of your life. However, with the help of a fatal car accident attorney, you can seek justice. Let the team at Davis Injury Lawyers handle the legal side of your loss while you focus on healing and moving forward. Set up a consultation now by calling us at (313) 462-7979 or filling out our online contact form. We are here to help during this painful and difficult time.