Southfield, MI Wrongful Death Lawyer & Attorney

Southfield, MI Wrongful Death Lawyer & Attorney

Wrongful death occurs when an individual dies as a result of another party's negligence or intentional act. The legal framework for these claims is designed to provide a pathway for survivors to receive financial compensation to cover the economic and emotional losses associated with their loved one’s death. This can include deaths resulting from a variety of scenarios such as automobile accidents, medical malpractice, workplace incidents, or criminal actions. The key element that defines a death as wrongful is the law’s recognition that the death could have been avoided if not for the negligent or harmful actions of the defendant.

Wrongful Death Laws in Southfield, MI

Michigan's Wrongful Death Statute

Michigan’s wrongful death statute (Michigan Compiled Laws Section 600.2922) allows certain family members or representatives to seek compensation when an individual's death is caused by a wrongful act, neglect, or fault of another person or entity. The law is intended to compensate the deceased’s family for financial and emotional losses resulting from the death. This may include medical, funeral, and burial expenses, as well as damages for lost financial support, companionship, and consortium.

Who Can File a Wrongful Death Claim in Michigan?

Under Michigan law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. However, the claim benefits certain family members and potentially others who may have been financially dependent on the deceased. These typically include:

- The deceased's spouse and children.

- Parents and grandparents.

- Siblings.

- Children of the deceased's spouse.

- Anyone else who may inherit under the laws of intestate succession.

Statute of Limitations for Filing a Wrongful Death Lawsuit in Southfield, MI

In Michigan, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the person’s death. This means that the legal claim must be filed within this timeframe or the opportunity to seek damages may be lost forever. However, if the death was caused by a criminal act, such as murder or manslaughter, different rules may apply that can extend this period.

It is crucial to note that the time limit can vary depending on the specific circumstances of the case, such as in situations involving medical malpractice or if the defendant is a governmental entity. In cases involving medical malpractice, for instance, the statute of limitations may be two years from the date of the act giving rise to the injury, but no more than six years from the date of the act, unless there are elements that would toll or pause the statute.

Common Causes of Wrongful Death

Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the standard of care expected in the medical community, resulting in harm to the patient. In cases of wrongful death, these deviations can include:

- Diagnostic Errors: Misdiagnosing a condition or failing to diagnose a serious disease can lead to a lack of necessary treatment and, consequently, death.

- Surgical Errors: Mistakes during surgery that could be fatal, such as operating on the wrong body part or leaving surgical instruments inside the patient.

- Improper Treatment: This could involve prescribing the wrong medication or an incorrect dosage, or administering a treatment that the patient should not have received due to their medical history.

Car Accidents

- Distracted Driving: Using a smartphone, eating, or any other activity that takes the driver's attention away from the road.

- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs, significantly increasing the risk of a fatal accident.

- Speeding and Reckless Driving: Exceeding speed limits or engaging in aggressive driving behaviors like improper lane changes or ignoring traffic signals.

Workplace Accidents

- Falls from Heights: In construction or maintenance environments where safety protocols may not be followed or enforced.

- Machinery Accidents: Injuries from malfunctioning or improperly maintained equipment.

- Exposure to Toxic Substances: Long-term exposure to harmful chemicals without adequate safety measures can cause fatal diseases.

Defective Products

- Faulty Automotive Parts: Such as defective airbags, seatbelts, or brakes that fail during use.

- Dangerous Children’s Products: Including toys with small parts that pose choking hazards or cribs that do not meet safety standards.

- Electronic Product Failures: Such as smartphones or batteries that overheat and cause fires or explosions.

Nursing Home Abuse or Neglect

- Physical or Emotional Abuse: Actions that lead to severe physical injuries or emotional distress that contribute to a decline in health.

- Neglect: Failure to provide necessary medical treatment, adequate food, hydration, or a safe and clean environment.

- Medication Errors: Administering the wrong medication or dosage that results in death.

Legal Elements of a Wrongful Death Case

Duty of Care

The concept of "duty of care" forms the cornerstone of a wrongful death claim. This legal term refers to the obligation to act in a reasonably safe manner to avoid causing harm to others. Establishing this duty is the first step in a wrongful death lawsuit:

Breach of Duty

Once a duty of care is established, it must be shown that the defendant failed to meet this duty. This can include demonstrating that a driver was speeding or under the influence of alcohol at the time of an accident, a doctor failed to diagnose a treatable disease correctly, or a company produced a product known to be hazardous. Proving a breach of duty is critical as it directly ties the defendant’s actions or inactions to the standards expected by law and society.

Causation

Causation links the breach of duty to the outcome—in this case, the wrongful death. It must be shown that the breach of duty was the direct cause of the deceased's fatal injury. This means that the death would not have occurred but for the defendant’s actions or negligence. Causation can be particularly challenging to prove, especially in cases involving pre-existing conditions or where multiple factors could have contributed to the death.

Damages

- Economic Damages: These are tangible costs such as medical bills incurred prior to death, funeral and burial expenses, loss of the deceased’s expected earnings, benefits and pensions, and loss of inheritance.

- Non-Economic Damages: These cover intangible losses such as pain and suffering experienced by the deceased before death, loss of companionship, care, and protection provided by the deceased, and emotional distress of the surviving family members.

- Punitive Damages: In cases of egregious negligence, punitive damages may also be sought to punish the wrongdoer and deter similar conduct in the future.

Compensation Available in Wrongful Death Cases

Economic Damages

Economic damages are tangible costs that can be calculated and verified through documentation. They are intended to cover the financial losses related to the death of the loved one. These include:

- Medical Expenses: Costs for medical care the deceased received due to the injury before death, such as emergency treatment, hospital stays, surgery, and any other related medical expenses.

- Funeral Costs: Expenses associated with the funeral and burial or cremation, which can be substantial depending on the services chosen.

- Lost Income: Compensation for the earnings the deceased would reasonably have been expected to make if they had lived. This includes not only lost wages but also lost benefits such as health insurance and retirement contributions.

- Loss of Financial Support: For dependents of the deceased, this includes the support they would have received for daily living expenses and future needs, including children’s education.

Non-Economic Damages

Non-economic damages compensate for the intangible losses suffered by the survivors. These are subjective and can vary significantly from case to case, depending on the relationship between the survivors and the deceased:

- Pain and Suffering: Compensation for the pain and suffering the deceased endured from the time of injury until death.

- Loss of Companionship: Compensation awarded to family members for the loss of the love, companionship, comfort, and care the deceased provided.

- Emotional Distress: Compensation for the psychological impact on the survivors due to the untimely and traumatic loss of their loved one. This can include grief and sorrow, as well as more severe psychological conditions such as anxiety and depression.

Punitive Damages

Punitive damages are not awarded in every wrongful death case. They are reserved for situations where the defendant’s actions were particularly egregious or reckless. The purpose of punitive damages is twofold: to punish the defendant for their conduct and to serve as a deterrent to prevent similar actions in the future. Some scenarios where punitive damages might be considered include:

- Extreme Negligence: For example, a drunk driving incident where the driver was significantly over the legal alcohol limit.

- Intentional Harm: Cases where the death resulted from intentional acts of violence or other deliberate actions intended to harm the deceased.

Common Challenges in Wrongful Death Claims

Proving Negligence or Fault

   - Complexity: Establishing that the defendant was at fault and that their negligence directly caused the death is often the most challenging aspect of a wrongful death claim. This involves demonstrating that the defendant owed a duty of care, breached that duty, and that the breach directly caused the death.

   - Evidence Issues: Often, the key evidence needed to prove fault is difficult to obtain or interpret without expert testimony, such as medical records, accident reports, or technical data.

Dealing with Insurance Companies

   - Resistance to Pay: Insurance companies may attempt to minimize the payout on a claim by disputing liability, the cause of death, or the relationship between the defendant’s actions and the death.

   - Complex Negotiations: Insurance adjusters are skilled negotiators trained to protect the company's bottom line. They often employ tactics that can undervalue the true extent of damages.

Legal Hurdles

   - Statute of Limitations: One of the primary legal challenges in wrongful death cases is the statute of limitations, which limits the time frame within which a lawsuit must be filed. Missing this deadline can bar the claim entirely.

   - Multiple Parties Involved: Wrongful death cases can involve multiple liable parties, which complicates determining and apportioning fault.

   - Jurisdictional Issues: Laws and procedures can vary significantly by jurisdiction, adding another layer of complexity to these cases.

How Marko Law Can Help with Your Wrongful Death Claim

Dealing with a wrongful death is an emotionally draining experience that no family should have to navigate alone. At Marko Law, we understand the intricacies of wrongful death claims in Michigan and are dedicated to supporting families through these difficult times with empathy and expertise. Our team is committed to ensuring that your case is handled with the care and diligence it deserves, helping you secure the compensation needed to cover financial burdens and acknowledge the emotional impact of your loss.

If you are in Southfield, MI, and are facing the challenges of a wrongful death claim, we encourage you to reach out to Marko Law. Allow our experienced attorneys to guide you through the legal process, advocate on your behalf, and ensure that you and your family receive justice for your profound loss. Contact us today to discuss how we can assist you during this critical time. Let us help you find some measure of peace and closure by effectively handling the legal complexities of your wrongful death claim.

‍