Losing someone you love is devastating, especially if their passing was sudden or premature. If your loved one was financially responsible for supporting your family, matters could become even more overwhelming.
A wrongful death lawsuit could hold them accountable if another person’s negligence caused your family member’s passing. Nothing can make up for the loss of your loved one, but pursuing damages from the liable party could help secure your financial future. Call a dedicated wrongful death attorney at Charles Boyk Law for help filing a Saline wrongful death action.
Circumstances That Could Trigger a Wrongful Death Action
If your loved one was injured in an accident caused by another party’s carelessness, they have the right to seek damages from those responsible. If their injuries were fatal, the right to receive damages instead falls to the individual’s estate.
Negligence occurs when an individual fails to take reasonable steps to prevent injury to other people. Much like a personal injury lawsuit, a wrongful death action requires the party seeking damages (a plaintiff) to prove that another party (a defendant) was negligent. A family member can also file a claim if a person dies because of a criminal act. Common reasons for negligent death claims include:
A wrongful death lawsuit proceeds independently from criminal charges a prosecutor might bring against the offender. If the defendant does not face criminal charges or is acquitted of a crime, they can still be liable in a wrongful death lawsuit. A hardworking attorney in Saline will identify the cause of a wrongful death and help you proceed with a lawsuit against the responsible party.
Who is the Plaintiff in a Wrongful Death Case?
A Probate Court appoints a personal representative to settle your loved one’s estate after their death. If the individual has a Will, they may have named an administrator. However, if they did not leave a valid Will behind, the court can appoint a spouse, parent, or another capable relative to be a personal representative. In some cases, the court may appoint an attorney to handle the deceased person’s estate.
When a death results from another party’s wrongdoing, the personal representative is responsible for filing a wrongful death action if appropriate. The representative can file the claim on behalf of everyone entitled to share in the proceeds of the action, such as the deceased individual’s spouse, parents, grandparents, children, grandchildren, and siblings. If the individual is not survived by any close relatives, then stepchildren and persons the individual named in their Will can benefit.
When a personal representative’s attorney files a wrongful death case, Michigan Consolidated Laws §600.2922(2) requires them to notify all the relatives and others who are eligible to share the damages from the suit. The notice must contain a copy of the court filings, the name and address of the personal representative and their attorney, and other relevant information. If the case goes to trial or the parties settle, the individuals who received notice of the lawsuit present evidence showing they are entitled to a share of the proceeds.
To learn more about filing a wrongful death claim, a skilled attorney in Saline can advise you on how to take the proper steps.
Trust Your Wrongful Death Action to a Saline Attorney
The loss of a loved one is traumatic for any family to go through. This is a time when you should be surrounded by family, not concerned with legal proceedings. Pursuing legal action can be emotionally draining. However, we can help you file a wrongful death lawsuit to obtain justice and seek damages for your pain.
Following the passing of your loved one, talk to a personal injury lawyer as soon as possible about filing a Saline wrongful death action. Schedule a free and confidential consultation with us today.
