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Detroit Personal Injury Blog

Who Can File a Wrongful Death Claim in Michigan?

Get Help Now. Dial Davis.
September 14th, 2018

Death is never an easy thing to talk about. If a loved one has passed away, it can be emotionally devastating. If you were dependent on the deceased person for financial or emotional support, it will only multiply the hardships. A wrongful death claim is an option for the estate of someone who died as a result of someone else’s actions. A death caused by the negligence or willfulness of another creates an entitlement to compensation. Whether or not you have the authority to file a claim for wrongful death depends on the particulars of your situation.

If handling a wrongful death suit feels overwhelming, talking to a wrongful death attorney may help. In the Detroit area, you should contact Davis Accident Injury Lawyers if you’re deciding whether a wrongful death suit is the proper course of action. Our team has the experience to handle your suit from start to finish. No matter how long or complex the process, we’ll make sure your rights are protected, and you understand what’s going on. Call us at (313) 462-7979 to schedule a free, confidential consultation today.

Things You Should Know About Wrongful Death Claims In Michigan

According to Michigan law, if a death was caused by a “wrongful act, neglect, or fault of another,” a wrongful death suit may be brought. When considering whether or not you can file a claim for wrongful death, it is helpful to consider the following question: Would the deceased person have a claim for personal injury if they were alive?

A wrongful death suit is filed by the estate of the deceased person or persons. In such a suit, only monetary damages can be recovered. This means that the defendant, or person you file the suit against, isn’t in danger of imprisonment if they’re found guilty. The reason for this is that a wrongful death claim is civil, not criminal. In Michigan, you are permitted to file a wrongful death claim, even if that death is also the subject of a criminal case.

Only Certain Family Members May Collect Michigan Wrongful Death Damages

Michigan requires that a personal representative of the deceased person’s estate file a wrongful death claim. In addition, only certain family members may receive damages connected to wrongful death. You may only collect on a successful wrongful death suit if you are:

  • The spouse of the deceased
  • A child of the deceased
  • A grandparent of the deceased
  • A grandchild of the deceased
  • A child of the deceased person’s spouse
  • Left property in the deceased person’s will

It’s possible that none of the people named on this list are alive or that the deceased person left no will. If this is the case, then anyone eligible to inherit the estate may collect wrongful death damages.

Wrongful Death Cases Have Time Constraints

A Michigan wrongful death claim must be filed no more than three years after the date of death. The personal representative who filed the claim must notify other family members of the suit within 30 days of filing. Once notified, all eligible family members have 60 days to notify the estate of damages they suffered from the wrongful death. If no notice is provided within those 60 days, their claims may not be included in the case.

Talk to a Michigan Attorney About Your Wrongful Death Suit

As a legal matter, wrongful death suits can take a long time to resolve. Placing your case in the hands of a knowledgeable wrongful death lawyer will help ensure that all your bases are covered. Contact Davis Injury Lawyers for any support you may need with wrongful death in Michigan. Whatever your circumstances, we’ll make sure your bases are covered. To schedule a no-cost consultation, reach out to us at (313) 462-7979 today.

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