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Losing a loved one in a preventable accident is a uniquely traumatic and life-altering experience. On top of immense personal grief, the premature death of a household breadwinner, in particular, could cause significant financial issues for any surviving dependents.
If you are struggling with the loss of a loved one, you may be able to pursue compensation with the help of a compassionate personal injury attorney. A Saline wrongful death lawyer can determine who is responsible for your family member’s accident and fight to hold them accountable.
Wrongful death litigation is a specialized subset of personal injury litigation, and many of the same procedural rules and requirements apply to both types of cases. Any situation that would have justified a personal injury lawsuit could also serve as grounds for a wrongful death claim.
However, in a wrongful death case, the decedent is unable to file, so someone else must file suit on their behalf. The damages recovered in a lawsuit will benefit the deceased’s surviving family members and the estate.
Under state law, only the decedent’s personal estate representative may file a wrongful death lawsuit. Typically, this person is named in the decedent’s will. If the deceased did not have a will, the court can assign an estate representative. A qualified attorney can offer crucial guidance and support to you and your family as you pursue legal action for wrongful death.
Michigan Compiled Laws §600.2922 establishes various rules for wrongful death cases, including notification time limits and restrictions for what family members are eligible to seek recovery. The estate representatives must notify the decedent’s surviving family members of a pending claim within 30 days of the original filing date, and family members who wish to seek recovery through that claim must notify the estate representative within 60 days after becoming aware of the claim.
A decedent’s spouse, children, spouse’s children, parents, grandparents, and siblings have standing to seek compensation through a wrongful death claim. Additionally, anyone specifically named in the decedent’s will as a beneficiary can claim compensation. If none of these parties are available, the right to recovery passes to anyone who could inherit the decedent’s property through intestate succession, which may include other family members such as uncles, aunts, and cousins.
Through a successful claim, a wrongful death attorney in Saline can help you and your family recover from both economic and non-economic losses, including:
A dedicated lawyer can work with you to assess the potential damages available in your case.
While you are grieving the loss of a loved one, you likely do not have the energy to pursue litigation. Our attorneys will inform you of your rights and handle all legal aspects of the case. A Saline wrongful death lawyer can help you determine what is best for your family. Call us to schedule a free, confidential consultation.
Charles E. Boyk Law Offices, LLC