Detroit Wrongful Death Lawyer

Experienced Wrongful Death Attorney in Detroit, MI

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.

Why Trust Wigod & Falzon for Your Wrongful Death Claim

The wrongful death attorneys at Wigod & Falzon understand the financial challenges that can follow a wrongful death. Funeral expenses and outstanding medical bills can add stress to an already challenging situation. When you secure representation from our law firm, you benefit from a team of attorneys that brings decades of combined legal experience in and out of the court.

What sets our law firm apart is our willingness to take the time to learn about the emotional and financial setbacks our clients have suffered due to a wrongful death. Once we have carefully documented the harm you endured, we can take the next step by initiating negotiations or litigation on your behalf. Our commitment to success has led to numerous awards and recognition by The National Trial Lawyers and Top Attorneys of North America.

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. There were 1,367 deaths from falls in 2021, and a slip that results from an unaddressed hazard can leave property owners liable for the harm they cause.

Understanding Michigan Wrongful Death Law (MCL § 600.2922)

Michigan’s wrongful death claims are governed by the Michigan Wrongful Death Act, which sets the legal framework for when a death can lead to a civil claim. In plain terms, the law allows recovery when a person’s death is caused by another party’s negligent, reckless, or intentional actions. This can include car accidents, medical malpractice, workplace incidents, or other preventable events.

Unlike some states that separate claims, Michigan combines wrongful death and survival damages into a single legal action. This means the case can address both the losses suffered by surviving family members and the harm experienced by the deceased before death.

Recoverable damages may include medical bills, funeral and burial costs, lost income and benefits, and the loss of companionship and support. Every claim must follow this statute, making it the foundation for how wrongful death cases are evaluated, filed, and resolved in Michigan courts.

Statute of Limitations

Most wrongful death claims must be filed within three years of the date of death. Certain exceptions may apply. In medical malpractice-related deaths, the discovery rule may extend beyond the filing period. This means the clock can begin when the cause of death is discovered, rather than the exact date of the death. Surviving loved ones may not know that their loved one’s death resulted from a medical error until some time after that death.

Who Can Recover Compensation in Michigan?

Michigan law establishes a strict order of priority that determines who may recover compensation through a wrongful death case. The statute does not allow just anyone to claim damages. Eligibility is determined by a defined hierarchy. Under this framework, spouses and children are first in line to recover compensation through a wrongful death claim.

If there is no spouse or children, the right to recover may extend to the deceased’s parents or grandparents. Next in line are siblings, followed by other heirs who qualify under the law. In some cases, beneficiaries named in a will may also be considered, depending on the structure of the estate and the court’s findings.

Even when parties equally qualify to pursue compensation, the court has the authority to decide how any settlement or court verdict is distributed among the beneficiaries. This structured approach can make sure that compensation is both fair and lawful.

The Role of the Personal Representative

In Michigan, a wrongful death claim cannot be filed directly by family members. Instead, the claim must be brought by a personal representative who is appointed through the probate court. This requirement is a key procedural step that distinguishes Michigan from other states and must be completed before any legal action can move forward.

The process begins by opening an estate in probate court, where a judge appoints a personal representative and issues “Letters of Authority.” This individual is responsible for managing the legal claim on behalf of the estate and all eligible beneficiaries. Their duties include filing the claim, gathering evidence, working with attorneys, and participating in settlement negotiations or trial proceedings.

They must also notify eligible family members of the claim and, if compensation is recovered, make sure it is distributed according to court approval. This role is central to the entire process and directly impacts how efficiently and effectively a case proceeds.

Wrongful Death vs. Survival Actions in Michigan

Michigan law allows wrongful death and survival damages to be pursued within a single action, but the distinction between the two options still matters. A wrongful death claim focuses on the losses suffered by surviving family members after the death. This can include lost financial support, loss of companionship, and the emotional impact of losing a loved one.

On the other hand, a survival action related to the harm the deceased party experienced before passing. This could include conscious pain and suffering, medical expenses incurred between the injury and death, and other damages tied directly to the decedent’s experience.

While both wrongful death claims and survival actions are combined under state law, separating them conceptually can help clarify what damages are being pursued and why. This distinction can also play a role in shaping how compensation is calculated and presented.

Why You Should Hire a Wrongful Death Lawyer

In the aftermath of a wrongful death, finding justice and accountability can feel like a daunting task. The first step surviving loved ones should take is to hire a wrongful death lawyer to explore options. A Detroit wrongful death attorney understands the state’s wrongful death laws and how to manage your wrongful death claim with a focus on securing fair compensation.

Legal representation can play a key role in protecting your right to compensation. A lawyer can guide the process of gathering evidence before initiating direct talks with the at-fault party or filing a civil claim at the Wayne County Circuit Court. Whether the wrongful death occurred in Midtown Detroit, Corktown, Greektown, or elsewhere in the city, legal support can guide your claim to a favorable conclusion.

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.