Detroit Wrongful Death Lawyer
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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 a person dies from the willful actions or negligence of another, the deceased’s estate is entitled to compensation. A Detroit personal injury lawyer can help you during this time.
A wrongful death claim is a complicated legal process. In some cases, an award or settlement could take years and will include technical and legal obstacles along the way. It is, therefore, important that you hire a wrongful death lawyer who possesses the experience to fight for the compensation that you and your family deserve. The wrongful death lawyers at Davis Injury Lawyers, PLLC are prepared to stand by your side and take the necessary legal actions against the negligent party responsible for the death of your family member. Contact us at (313) 462-7979 today.
When Can You Make a Wrongful Death Claim?
The right to make a claim for wrongful death is similar to a personal injury claim.
The estate of the deceased is required to show the negligence or willful intention of the defendant. Accordingly, a wrongful death claim can result from the following situations:
When someone is the victim of intentional killing. This is the case from incidents concerning a murder as between private citizens and in cases involving police shootings.
When someone dies resulting from medical malpractice. A doctor or medical practitioner has a particular duty of care in law, breach of that duty can result in death. In such cases, the representative of the deceased’s estate can make a wrongful death claim against the medical professional or the medical institution.
When someone dies following a motor vehicle accident. Fatal road accidents are frequent instances that result in a wrongful death claim.
There are other circumstances in which there can be a claim for wrongful death. However, it is important to talk with a lawyer to determine if your case can be pursued as a wrongful death claim.
Who Can File a Wrongful Death Claim?
Unlike a personal injury claim, the victim in a wrongful death claim is no longer alive. Accordingly, the claim must be pursued by a representative of the deceased. That representative will change depending on the case. In many cases, the right to file and receive a settlement or reward for a wrongful death claim can be a legal fight in and of itself. Nevertheless, the issue of the legal representative is one that must be settled before distribution of any money.
- Where the deceased has the will, then the named executor can file a wrongful death claim.
- Where there is no will, a wrongful death claim can be pursued by the spouse or the next in line under intestacy laws.
- Where the deceased is a minor, then the legal parents can claim compensation for wrongful death.
Damages for Wrongful Death
There are a number of different damages that the estate will suffer after the victim’s passing. Proposing a suitable figure for compensation can be very technical, and each case will be different. A number of factors are considered by the court before an award is determined. When you make a wrongful death claim, the estate will be entitled to claim for any of or a combination of the following:
- The medical cost incurred while the victim was hospitalized or all other bills associated with medical care he or she had to receive before death;
- The funeral and burial cost incurred by the estate;
- Loss of income to the family; and
- Loss of the love and consortium of the deceased.
Call the Detroit Wrongful Death Lawyers at Davis Injury Lawyers, PLLC
As the legal representative of the estate of an individual who died as a result of the negligence of willful act of another, you have a duty to pursue a wrongful death claim.
At Davis Injury Lawyers, PLLC, we are trained and experienced attorneys who can help you take the steps necessary to arrive at compensation for the estate.
We understand that this is a very rough time for you and your family. But justice is just a call way. Contact the Detroit personal injury lawyers at Davis Injury Lawyers, PLLC today and let us discuss you case.