The death of a family member or a loved one can be emotionally disturbing. When that person was also the primary breadwinner, their death can lead to significant financial hardship.
When someone dies because of another person’s actions, their estate and surviving relatives may have a right to compensation. But a wrongful death claim is a complicated legal process. Compensation could be years away because of various legal obstacles, which is why you must hire a wrongful death lawyer.
Contact the Detroit personal injury attorneys at Davis Injury Lawyers PLLC at (313) 462-7979 today to set up a free, no-risk consultation to take legal action against the party responsible for your loved one’s death.
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When You Need a Michigan Wrongful Death Lawyer
You should learn about the law, your rights, and your legal options from a knowledgeable attorney. Don’t rely on generic legal advice you read online. Even accurate information might not paint a full or clear picture of what to expect during a wrongful death matter.
Wrongful death compensation isn’t guaranteed. It’s up to the estate to present evidence and prove someone else was negligent or that their intentional conduct caused your loved one’s death. At Davis Injury Lawyers, PLLC, we know how to build a strong compensation claim. We’ll investigate the fatal incident thoroughly and gather evidence. Depending on the case, we may hire one or more experts.
Another reason to hire a wrongful death lawyer is disputes among your family. Not every surviving relative will agree on what to do or who should receive compensation. Whether you’re the personal representative of the estate or another relative, it’s best to reach out to a lawyer for advice.
Davis Injury Lawyers Provides the Representation You Deserve
Wrongful death claims in Detroit are complicated for many reasons, one of which is your emotions. You and other family members are grieving and angry. Hiring a lawyer gives you an objective opinion during your case.
When you hire a Detroit wrongful death attorney, you need someone who treats you with compassion during these challenging days. At Davis Injury Lawyers, PLLC, we understand you’re dealing with something unexpected and horrible. We will be candid about your rights and options yet gentle in guiding you through the insurance claim and litigation.
You can be confident we’ll give your case our full attention. Our firm is dedicated to justice and here to hold the negligent and harmful party responsible for the harm they caused.
When Can I Make a Wrongful Death Claim?
The right to bring a wrongful death claim is similar to a personal injury claim.
To win wrongful death compensation, the estate must show another person’s negligence or willful conduct caused your loved one’s death.
Wrongful death claims can come from:
- Intentional Killings: Was your relative murdered by another person or a police officer?
- Medical Malpractice: Medical providers must uphold a certain standard of care with their patients, and a breach of that standard can cause injury and death. The estate can file a wrongful death claim against the medical professional or facility.
- Motor Vehicle Accidents: Fatal car crashes are common and often lead to wrongful death claims. Serious truck accidents, boat accidents, motorcycle accidents, and pedestrian accidents can unfortunately quickly turn fatal as well.
Many other circumstances can lead to wrongful death claims, too. If you aren’t sure about your family’s rights after losing a loved one, call a Detroit wrongful death attorney.
You don’t need hard evidence before giving us a call. We’ll listen to your story, ask some questions, and advise you of your options under Michigan’s wrongful death law.
Who Can File a Wrongful Death Claim?
The representative of the deceased person’s estate files the wrongful death claim.
That representative changes depending on the circumstances:
- When your loved one left a will: The named executor files the wrongful death lawsuit.
- When your loved one died without a will: The surviving spouse or next of kin under Michigan’s intestacy laws files the claim.
- When your loved one was a minor: Their parents file the claim.
Sometimes, there is a legal battle over who should represent the estate and file the claim. You must settle this issue before anyone can receive wrongful death compensation.
Who Is Entitled To Wrongful Death Compensation?
You may receive wrongful death compensation if you’re a surviving:
- Spouse
- Child or another descendant
- Parent
- Grandparent
- Sibling
If the deceased person left none of these relatives behind, Michigan’s intestate succession laws say who can receive compensation. Other individuals who may be entitled to compensation are stepchildren and those named as beneficiaries in the will.
If there’s a dispute in your family about who should receive compensation, talk with a Michigan wrongful death lawyer as soon as possible. We can explain who is entitled to wrongful death damages under the law. If you believe you should get part of the settlement or court award, you have to claim damages to the representative.
Wrongful Death Damages
The representative can demand compensation for:
- Medical and hospital bills incurred before death
- Funeral and burial cost
- Pain and suffering the decedent experienced between the accident and death
- Lost income
- Loss of the decedent’s love, society, and companionship
The estate will be paid back for its expenses; then, the remainder is distributed among the relatives and beneficiaries entitled to compensation.
If your family wins a court award, the court orders the distribution of the damages. But if your Detroit wrongful death attorney negotiates a settlement, then your family has a say in how the proceeds are distributed. Not every survivor has to get the same amount.
Call the Detroit Wrongful Death Lawyers at Davis Injury Lawyers, PLLC
If you’re the representative of the estate of someone who died because of another person’s negligence or intentional misconduct, you have a responsibility to pursue a wrongful death claim.
At Davis Injury Lawyers, PLLC, we are trained and experienced attorneys who can guide you in taking the steps necessary to demand wrongful death compensation.
We know this is a rough time for you and your family. But justice is one call away. Contact our Michigan wrongful death lawyers at Davis Injury Lawyers, PLLC.