Detroit Wrongful Death Lawyer

Detroit Wrongful Death Attorney

If you’ve recently lost a loved one and believe it was due to the fault or negligence of another person or entity, you may be entitled to compensation to help you recover from your loss. A skilled Detroit wrongful death lawyer can help guide you through the process and build a case that increases your chances of a positive outcome in court.

Healing from the loss of a loved one can feel impossible. Our goal at Wigod & Falzon is to alleviate some of your worries so you can focus on moving forward from this tragedy.

How Is Wrongful Death Defined in Michigan?

In Michigan, wrongful deaths refer to any death caused by a fault, negligent act, or wrongful act of another party. In many wrongful death cases, the victim’s family is seeking compensation for the death of a loved one that was due to an individual’s or company’s misconduct or negligence.

Pursuing a wrongful death claim is similar to filing a personal injury case, with one major difference: who files it. In a personal injury case, the injured person can file the claim themselves. In a wrongful death case, the victim has passed away, so the claim must be filed by the executor or representative of the deceased person’s estate.

The personal injury lawyer team at Wigod & Falzon understands how emotional and complex these cases can be. We are here to guide you through every step and fight for the justice and compensation your family deserves.

Filing a Wrongful Death Case in Detroit

Under Michigan law, you have three years from the date of the decedent’s death to file a wrongful death claim. The executor of the decedent’s estate is the only person allowed to file this official claim.

That said, the decedent’s spouse, surviving family members, and any beneficiaries listed in their will can be eligible to recover damages from a wrongful death case. So, the executor must notify anyone eligible to recover damages about the case within 30 days of filing it.

If the decedent did not have a will, or if there are no surviving family members to receive compensation, Michigan’s intestate succession laws dictate how the decedent’s property is to be distributed.

How Do I File a Wrongful Death Claim in Detroit?

If you have determined that you’re the representative for the deceased’s estate, it’s wise to reach out to a Detroit wrongful death lawyer to guide you through the next steps to file a wrongful death claim. A skilled attorney can help you with everything from simple tasks like staying on top of deadlines to complex ones like gathering key evidence and building a strong case on your behalf.

The next steps of the process include:

• Open an estate with the Probate Court. Before you can file, you must open an estate with the Wayne County Probate Court to get the official “Letters of Authority” as the appointed representative for the estate.
• Collect evidence. The key to winning a wrongful death case is solid evidence that the death was caused by another party. Your Detroit wrongful death lawyer can help you gather key evidence to bolster your claim.
• File the claim. Typically, the Wayne County Circuit Court handles wrongful death cases in Detroit. You must file the claim within the appropriate amount of time and outline the basis of the claim.
• Notify any family members. As the executor, you have a duty to let the surviving family members and any eligible beneficiaries who can recover these damages know within 30 days of filing the claim.
• Reach a settlement or go to trial. Before heading to trial, most parties try to settle the case with negotiations outside of court. If you can’t reach a fair settlement agreement, the case can proceed to court.
• Distribute the settlement amount. Once a case is won, the executor, under the supervision of the court, determines how to distribute the recovered damages to the eligible family members.

Accidents That Can Result in Wrongful Death in Detroit

It’s important to be able to identify situations in which another person’s misconduct or negligence caused the death of a loved one so you can seek legal recourse to recover the damages you’re owed. Some common accidents that can end in a wrongful death case include:

• Bicycle accidents
• Pedestrian accidents
• Premises liability incidents
• Vehicle accidents
• Workplace accidents

In 2023, 287,953 crashes were reported, claiming 1,095 lives from accidents involving cyclists, pedestrians, and vehicles. This included 2,114 crashes involving pedestrians and another 1,480 that involved bicyclists.

FAQs

What are the Odds of Winning a Wrongful Death Case in Detroit?

Your odds of winning a wrongful death case in Detroit depend heavily on how much evidence you can provide that proves your claim in the Michigan Circuit Court. It can be highly beneficial to work with a Detroit wrongful death lawyer to build a strong case that’s backed by valuable evidence. A skilled attorney can help bolster your claims and navigate the legal system.

Who Can File a Claim for Wrongful Death in Detroit?

In Michigan, only certain people can file a wrongful death claim on behalf of a loved one. Generally speaking, family members are legally allowed to seek compensation from a wrongful death case, including their spouse, children or descendants, parents, grandparents, siblings, or any beneficiaries listed on their will. However, only an executor of the decedent’s estate can actually file the action in court.

How Do Detroit Wrongful Death Lawyers Charge for Their Services?

Typically, you can expect your Detroit wrongful death lawyer to collect their fees as a percentage of the settlement amount won from your case. The exact percentage can depend on factors like the complexity of your case or the attorney’s experience and reputation. You may also meet with attorneys who charge a flat fee, an hourly rate, or a retainer fee.

What Damages Can I Recover From a Wrongful Death Case in Michigan?

If you’ve lost a loved one, you’re entitled to both economic and non-economic damages. It’s important to note that Michigan is one of the few states that doesn’t cap the amount of damages families can recover from a wrongful death case.

Different types of losses include funeral and burial expenses, loss of benefits, loss of consortium or companionship, loss of future financial support, loss of income, pain and suffering, quality of life changes, and more.

Start Building Your Case with a Skilled Detroit Wrongful Death Lawyer Today

Having to cope with the loss of a loved one is challenging enough on its own, especially if they were taken from this world in a sudden or jarring way. If you suspect you have a wrongful death case on your hands, get in touch with our team at Wigod & Falzon. Our knowledgeable team of Detroit wrongful death lawyers offers personalized representation to help you recover the damages you’re owed.