MICHIGAN WRONGFUL DEATH LAWYERS

According to Michigan law, wrongful death is defined as the death of someone caused by any "wrongful act, neglect, or fault of another that would have allowed the person to file a personal injury lawsuit had he or she lived.” Michigan law also defines wrongful death as a "wrongful or negligent act that causes a pregnant woman to suffer a miscarriage.”

As with other types of personal injury cases, the plaintiff files a lawsuit that seeks monetary damages. If the judge or jury hearing the case decides in the plaintiff’s favor, the defendant must compensate the deceased victim’s estate or survivors. As a civil lawsuit, wrongful death litigation requires the plaintiff’s attorney to prove the defendant is guilty by a preponderance of the evidence. This standard for proving guilt differs from what a plaintiff’s lawyer has to prove in a criminal case, which is proving guilt beyond a reasonable doubt.

The civil standard for establishing guilt is easier to prove than it is for a criminal case.

The best Michigan wrongful death lawyers help ease the pain felt by the surviving family members. Doing this requires following a series of steps to help build a case against the defendant.

Conduct a Thorough Investigation

The facts that a lawyer uncovers during a wrongful death investigation can be unclear. For example, a lawyer might hear conflicting accounts of what caused the wrongful death incident. Conflicting versions of the events leading up to a wrongful death incident can be attributed to confusion or misunderstanding. However, the defendant might try to cover up evidence to prevent an investigator working for the plaintiff to discover relevant facts.

In the case of a wrongful death caused by the negligence of another driver, an investigator reviews the official police report that contains all the evidence collected by law enforcement. A wrongful death lawyer also interviews witnesses to establish support for what the evidence reveals. For a medical malpractice case, one of our Michigan wrongful death lawyers will interview every healthcare provider that participated in trying to save your loved one’s life.

Explain Your Legal Rights

Every state has established wrongful death statutes. Some states limit the right to file a lawsuit against immediate family members, while some states allow distant relatives to file a wrongful death lawsuit if there is not an immediate family member available to initiate litigation. A few states allow only the representative of the deceased’s estate to file a civil lawsuit. Each state sets a statute of limitation for filing a wrongful death lawsuit.

When you sit down for a free case evaluation with one of the Michigan wrongful death lawyers at Morgan & Morgan, the attorney will explain your rights as granted under Michigan law. You should learn what your rights are as a plaintiff, as well as the rights granted to the defendant. The attorney representing you will keep you informed about your legal rights throughout the entire legal process.

Seeks Monetary Damages

The primary reason for hiring one of the best Michigan wrongful death lawyers is to receive compensation for your substantial loss. A wrongful death attorney calculates the amount of money you deserve before filing a civil lawsuit that charges the defendant with one or more acts of negligence in the death of a loved one.

Your lawyer also can seek a favorable settlement by negotiating with the defendant’s lawyer. Reaching a favorable settlement in a wrongful death case can get you the compensation you deserve, while sparing you the anguish of having to go through a wrongful death trial. If your lawyer does not agree to the proposed settlement offered by the defendant’s attorney, then you can expect to take your case to court.

The monetary damages awarded in wrongful death cases are similar to the compensation awarded for other types of personal injury lawsuits.

Special Compensatory Damages

Special compensatory damages take care of the costs that are directly associated with a wrongful death case. You deserve compensation for medical expenses, as well as funeral and burial costs. Damage caused to any of the deceased’s property also qualifies for special compensatory damages.

General Compensatory Damages

Referred to as non-economic damages, general compensatory damages covers costs that do not come with a price tag. Pain and suffering and loss of companionship represent the two potentially largest types of general compensatory damages awarded to the family of the deceased in a wrongful death case.

Punitive Damages

Because negligence is the legal focal point for wrongful death cases, most cases include an award for punitive damages. Punitive damages do not cover the costs associated with medical care, nor do they take care of pain and suffering. As the name suggests, punitive damages punish the defendant for committing one or more acts of negligence.

Please note that Michigan does not place a limit on the amount of money awarded for a wrongful death lawsuit. However, the state’s limit on the monetary damages awarded for medical malpractice cases applies to wrongful death lawsuits as well.

One of the legal rights explained to you by a Morgan & Morgan wrongful death attorney concerns the statute of limitations for filing a wrongful death lawsuit in Michigan. You have three years from the date your loved one died to file a lawsuit in civil court. Although three years seems like a long time, you should not wait to file your lawsuit. Wrongful death lawsuits are notoriously complicated, which means it takes longer for a wrongful death lawsuit to resolve than it does for other types of personal injury litigation.

If you fail to meet the deadline for filing a wrongful death lawsuit in Michigan, you can expect the clerk responsible for processing paperwork to dismiss your claim. The lawyer representing the defendant will notify the court of your violation of the statute of limitations.

One of our experienced Michigan wrongful death lawyers will ensure your lawsuit is filed long before the deadline.

Before the Internet became a digital superhighway for finding information, personal injury attorneys took out large, colorful ads in the Yellow Pages to attract potential clients. Now, attorneys across all areas of law leverage the power of the Internet to promote their services. 

However, you should still follow at least one old-school method for finding the best Michigan wrongful death lawyers.

Network with the People You Know

Start searching for one of the best Michigan wrongful death lawyers by asking friends and family members for recommendations. If you cannot get a solid lead at home, branch out by asking your neighbors and professional peers for leads on a Michigan wrongful death attorney. Asking Michigan-licensed attorneys for recommendations can also help you hire the best legal counsel to represent you during a wrongful death civil trial.

Ask Questions During the Free Case Evaluation

Even with a recommendation from someone you trust, you still have to conduct research before you decide which of the Michigan wrongful death lawyers to choose. Asking the right questions can lead you to one of the best Michigan wrongful death lawyers.

• How many years have you practiced personal injury law?
• What is your record for getting favorable judgments and settlements?
• How much of your law practice consists of litigating wrongful death cases?
• Will you be doing most of the work on my case?
• What is the average annual amount of money that you win for wrongful death cases?

Check Out Online Reviews

Now we go into cyberspace to learn more about Michigan wrongful death lawyers. Client reviews left on sites such as Yelp and Google can provide you with insight into an attorney’s experience, as well as a lawyer's responsiveness when it comes to returning emails, text messages, and phone calls. You should also check out the Better Business Bureau (BBB) page devoted to each of the Michigan wrongful death lawyers on your shortlist.

Morgan & Morgan has earned the highest rating of A+ from the BBB.

You deserve to be compensated for suffering from the loss of a loved one who fell victim to the carelessness of another person. Learn how we can help you by scheduling a free case evaluation with one of Morgan & Morgan’s Michigan wrongful death lawyers.