Southfield Wrongful Death Lawyer

Wrongful Death Attorney in Southfield, MI

An unexpected death can leave families grieving. Discovering that negligence played a role can add anger and a deep need for justice. If you suffered the ultimate loss in your family, a skilled Southfield wrongful death lawyer can help you secure compensation to pay for funeral expenses, medical bills, and other related damages.

A wrongful death claim can lead to non-economic or punitive damages being awarded if filed with the right wrongful death claim strategy under Michigan law.

Why Choose Wigod & Falzon?

A wrongful death can leave you facing emotional devastation and unexpected financial burdens. At Wigod & Falzon, our experienced personal injury lawyers recognize the immense challenges families endure, having helped many seek the compensation they deserve after fatal accidents, such as accidents on M-10, workplace incidents, and other preventable tragedies in Southfield.

You will never have to worry about legal fees unless we secure compensation for your case. Throughout the process, we provide clear guidance, compassionate support, and direct answers to your questions. Unlike other firms, we make communication a priority because we understand how overwhelming the legal system can feel. You can rely on us to handle the legal fight while you focus on honoring your loved one’s memory.

Common Causes of Wrongful Deaths in Southfield

In Southfield, Michigan, wrongful deaths often result from automobile accidents, medical malpractice, or physical assaults. High-traffic areas like Northwestern Highway and 12 Mile Road are particularly hazardous and contribute to numerous fatal collisions every year.

A medical malpractice wrongful death can result from a doctor failing to accurately diagnose a disease or condition, or from surgical errors. One in three physicians face medical malpractice claims during their careers, and these tragic incidents can occur at any hospital, including Henry Ford Providence Southfield Hospital and Straith Hospital.

The violent crime rate in Southfield is 6.703 per 1,000 residents in a typical year, and when someone physically assaults another person, causing a grave injury, the assailant can concurrently face criminal charges and civil liabilities. Police shootings are another possible cause of wrongful deaths.

Why You Should Hire a Wrongful Death Lawyer

In the aftermath of a wrongful death case, justice and accountability can feel out of reach. When your family decides to hire a wrongful death lawyer, you gain the support of an advocate who cares about the harm you have suffered and wants to make sure that you are financially restored. A Southfield wrongful death attorney can perform multiple important tasks, such as:

• Gathering evidence to support your claim
• Making sure that the wrongful death claim complies with state laws
• Explaining Michigan’s wrongful death laws and how they apply to your case
• Addressing disputes about liability so they do not delay your claim
• Negotiating directly with the at-fault party’s representative
• If needed, prepare a court filing seeking compensation
• Managing a claim until it leads to fair compensation

A Southfield wrongful death attorney brings years or decades of experience managing complex claims in court. Their knowledge of the law and ability to negotiate favorable terms to a settlement can help your family receive the justice and accountability that you deserve.

Timeline of a Southfield Wrongful Death Case

No two wrongful death claims are exactly the same, but many follow the same basic steps. Understanding how a wrongful death case unfolds can make a difficult process feel more manageable. 

1. Initial Case EvaluationAny wrongful death claim begins by considering the facts surrounding the death. A wrongful death lawyer can identify what happened, who may be at fault, and whether negligence played a role in causing the death. If negligence or misconduct played a role in the death, an attorney may advise moving forward with a wrongful death claim.
2. Estate OpeningBefore a claim can move forward, an estate case must be opened. This typically involves petitioning the Oakland County Probate Court to appoint a personal representative who can act on behalf of the deceased and their family.
3. Investigation and Evidence GatheringA wrongful death claim often involves a thorough investigation. This may include an examination of police reports, traffic camera footage, medical records, and other evidence that can help establish liability and damages.
4. Demands and NegotiationsOnce the evidence is compiled, a wrongful death lawyer may send a formal demand letter to the at-fault party’s representative. The settlement negotiation process may also involve direct talks between the wrongful death lawyer and the other party’s insurance carrier. If this leads to a fair settlement offer, that could resolve the dispute.
5. Litigation and TrialIf the at-fault party or their representative fails to offer a fair settlement, that can lead to a court filing seeking compensation. This is typically done through the Oakland County Circuit Court, and the various steps of that process can involve discovery, dispositions, and, if necessary, trial. Most court cases are resolved through a settlement offer, but a court verdict could lead to the awarding of punitive damages that aim to punish the at-fault party for the harm they cause.

Who Can Pursue Compensation Following a Wrongful Death?

Not just anyone can file a wrongful death claim on behalf of a deceased loved one. Michigan recognizes immediate family members, such as spouses or children, as potential personal representatives of the deceased’s estate.

Often, those individuals are named in the decedent’s will. In some cases, they may be appointed by the court. If the deceased individual was unmarried and had no children, parents, grandparents, and potentially other distant relatives may be able to seek compensation from the negligent party.

Wrongful death claims can seek compensation for medical expenses, funeral costs, and lost earnings the deceased individual would have earned for their family. Non-economic damages are also commonly awarded in these tragic cases. Pain and suffering and loss of consortium can be factored into a settlement or court award.

Why Legal Representation Is Key for a Successful Outcome to Your Claim

Although it may be clear to you who contributed to or caused your loved one’s death, the courts demand strong evidence and sound legal arguments before they award verdicts. Having an Southfield attorney ensures the negligent party takes your actions seriously. A legal representative sends the message that you demand justice for your family and for your lost loved one.

An attorney can investigate the cause of the crash to firmly establish who is at fault. If the negligent party tries to avoid liability, your lawyer can use evidence and legal arguments to make sure the courts know who caused your loved one’s death.

A lawyer also ensures families pursue all available damages, including medical expenses, lost wages, and emotional suffering. They can handle legal deadlines and negotiations, preventing insurers from unfairly denying or reducing claims. If a settlement cannot be reached, an attorney is prepared to take the case to trial.

FAQs

Is There a Cap on Wrongful Death Claims in Michigan?

Michigan does not impose a general cap on wrongful death claims, but certain damages, such as those in medical malpractice cases, may have limits. Non-economic damages in medical malpractice wrongful death claims are subject to statutory caps, which adjust annually. However, economic damages, including medical costs and lost income, are not capped.

Who Receives a Wrongful Death Settlement if There Is No Will in Michigan?

If there is no will, Michigan’s wrongful death statute determines who can receive a wrongful death settlement. Typically, the settlement is distributed to the deceased’s spouse, children, parents, grandparents, or other dependents. The court considers financial dependence and emotional impact when allocating damages, ensuring that those most affected receive appropriate compensation.

Can Wrongful Death Settlements Be Taxed in Michigan?

Generally, wrongful death settlements cannot be taxed in Michigan under federal and state laws. Compensation for economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering, is generally exempt. However, punitive damages, if awarded, can potentially be taxed. You may need to consult a tax professional for case-specific guidance.

How Do You Calculate Wrongful Death Damages?

You calculate wrongful death damages by assessing economic and non-economic losses. Economic damages include medical and funeral costs and lost financial support, while non-economic damages account for pain and suffering, loss of companionship, and emotional distress. Courts may also consider the deceased’s age, earning potential, and the financial impact on surviving family members.

How Do You Maximize Compensation From a Wrongful Death Claim?

You can maximize compensation from a wrongful death claim by taking time to find an attorney who brings years or decades of experience helping surviving loved ones secure fair compensation following a traffic death. An attorney can ensure you receive the damages you are entitled to, which could include non-economic damages or even punitive damages if the case goes to trial.

Take the First Step Toward Compensation and Justice With a Southfield Wrongful Death Lawyer

A wrongful death can leave surviving loved ones with profound grief and unanswered questions. Justice can come in the form of financial compensation when you partner with the trial-ready lawyers at Wigod & Falzon.

Our legal team understands the profound feelings of loss you are experiencing. Let our lawyers secure the compensation you need during this difficult period. When we meet during your consultation and onward, you can expect compassionate and effective legal counsel from our team. Contact our firm today.