Losing someone you care about is always going to be an incredibly emotional event. When it happens because of someone else’s negligence or carelessness, you may understandably feel unsure about what you can do about it. If this situation applies to you, an experienced lawyer from Thurswell Law could guide you through the process of filing a Southfield wrongful death action.
Since 1968, our wrongful death attorneys have been helping families such as yours recover the financial compensation they need after an accident takes away a loved one. Our team could help you understand your rights as a survivor, explain the process, and determine whether you have a case.
Who Is Eligible To File This Kind of Claim?
The law defines a wrongful death as when one person’s negligent, reckless, or intentional actions cause another person’s death. It is a form of personal injury claim, where victims of such behavior have the right to seek financial compensation from the person or entity that caused their injury. One example is a car crash. After an auto collision, an injured victim may file a claim against the other driver’s insurance if that driver was at fault for the accident.
In Southfield, a wrongful death claim follows the same idea of justice, but since the victim is no longer living, the law limits filing to only certain members of the victim’s family. Michigan Compiled Laws § 600.2922 specifically limits who may bring a wrongful death lawsuit to, in order of hierarchy:
- Spouse
- Children
- Other descendants, such as a niece or nephew
- Parents
- Grandparents
- Brothers and sisters
If none of these are available, then the claim passes to anyone who has a right to the decedent’s estate through probate. In some cases, the children of the deceased’s spouse may be able to file a claim. In many situations, however, a last will and testament could name those who inherit the legal right to seek compensation.
The Types of Compensation That May Be Available for Families
In a typical personal injury case, a victim may be able to recover damages for their:
- Medical bills
- Rehabilitation
- Lost income
- Emotional trauma
- Pain and suffering
Since the victim is no longer alive in a wrongful death case, the family could be eligible for different types of compensation.
They can usually receive compensation for loss of companionship as well as lost financial support if the victim was the primary contributor to the household. A court could also include expenses for the funeral and memorial services. Every case is different, so consulting with our attorneys is important to understanding the exact types and amounts that might be available.
There is a time limit in Southfield to submit a lawsuit for wrongful death. Since Michigan’s statute of limitations for these claims is three years from the date of death, retaining legal counsel quickly is crucial. Our lawyers could rapidly begin gathering evidence and preparing the case.
Contact a Southfield Attorney About Submitting a Wrongful Death Lawsuit
If you have lost a family member in a car accident, through medical malpractice, or because of other negligent actions, Thurswell Law could help you. Our attorneys could explain your rights and guide you through the process of filing a wrongful death action in Southfield.
While we cannot bring back your loved one, we could help you get the compensation you and your family need. Experience gets results. Contact us today for a free initial case consultation.
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