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Michigan Personal Injury Attorneys

Michigan Wrongful Death Attorneys

Wrongful Death Claims

A wrongful death claim is a suit that arises from the death of an individual that was caused by the reckless or negligent conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit; rather it is the family members or the decedent’s estate.

As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. At West Michigan Injury Lawyers, PLC, we understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security and some closure so they can focus on recovering from their loss.

Requirements for Filing a Wrongful Death Claim in Michigan

To file a wrongful death suit in Michigan, you must show that:

  • The death of a person or injuries resulting in a person’s death were caused by a wrongful act, neglect, or default
  • The act, neglect, or default would have entitled the injured party to maintain an action and recover damages had death not ensued

Who Can File a Wrongful Death Claim?

Under Michigan law, only certain individuals can file wrongful death claims, and those that are allowed to sue, do so on behalf of others. In Michigan, only a personal representative may file a suit on behalf of the surviving spouse, children, or parents (M.C.L. § 600.2922). A personal representative is a person, appointed by the decedent to represent his estate, or if no will is left, by the state of Michigan to represent the beneficiaries.

Siblings and cousins of the decedent do not have the right to bring the lawsuit unless they have been named as personal representative of the decedent, in which case they still have no right of recovery so long as there is a surviving spouse, child, or parent of the decedent.

To speak with a team of Muskegon wrongful death lawyers who are dedicated to your well-being, call (855) 933-0102 today.

Types of Damages You Can Recover

While no amount of money can ever replace the loss of your loved one, the compensation you could receive in a wrongful death claim can help you to adjust to the new way of life that inevitably results.

Potential damages that you may be able to recover in a wrongful death claim include:

  • Medical bills
  • Funeral and burial expenses
  • Lost income and future earnings
  • Loss of care and companionship
  • Damaged property costs
  • Pain and suffering

Statute of Limitations

You will need time to grieve your family member’s passing. However, it’s important not to delay too long in filing a wrongful death claim. Your claim must be filed within three years of the date of your loved one’s death. If you fail to meet this deadline, the court will likely refuse to hear your case.

In addition to filing before time expires, submitting your claim sooner rather than later can help you get the financial resources you need to pay off the significant bills that resulted from the situation. When you feel like you are ready to start the process, reach out to West Michigan Injury Lawyers, PLC. Our Muskegon wrongful death lawyers have over 75 years of combined experience and are committed to getting you the compensation you deserve.

Contact (855) 933-0102 today to begin with a free consultation. We can help you understand your rights and legal options.

Hear It From Our Clients

  • Very professional & informative

    “Paul is an awesome attorney who definitely cares about his clients. I would recommend him to anyone. He was very professional and informative with my case. Highly recommended!!!”

    - Shawn C.
  • They go above & beyond for you

    “Loryn was an amazing attorney to work with. She always took the time to answer questions and went out of her way to make sure I understood each and every action being taken. I highly recommend her as a personal injury attorney.”

    - Former Client
  • Thank you!

    “John Schlinker handled my case and he was awesome. He did a great job, was always available to talk, and worked hard to get me a great settlement. He explained what was going on and walked me through a complicated case. I recommend him to anyone with an in”

    - David S.
  • He’s the best in my book

    “I got bit by a dog and nearly died until the germ doctors figured out what was wrong. I called John “My Man” Schlinker and he treated me like family and got me an awesome recovery. I recommend John to everyone! He’s the best in my book.”

    - Steve B.
  • Very knowledgeable & experienced

    “My experience with Paul was exceptional! Always responds in a timely manner. Very knowledgeable and experienced. Compassionate and caring. I recommend everyone that asks me to go to this firm.”

    - Tina F.
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Our Victories

  • $625,000 Loss of Vision

    Settlement for a man who suffered a loss of vision in his left eye, after falling from his bike, when his bike tire hit an excavated portion of sidewalk that had no markings, barriers, or warnings.

  • $500,000 Truck Accident

    Ottawa County case settlement for mother injured in a contested liability trucking accident.

  • $500,000 Truck Accident

    Muskegon County settlement for mother who was driving her children to have Christmas portraits done when a pick-up truck doing snow plowing backed in front of her vehicle.

  • $400,000 Drunk Driver

    Newaygo County settlement for man seriously injured by a drunk driver.

  • $370,000 Auto Accident

    Muskegon County settlement for Muskegon County resident seriously injured in a head-on auto accident.

  • $250,000 Truck Accident

    Barry County settlement for man injured by an improperly parked pickup truck.

  • $245,000 Bus Accident

    settlement for high school student injured as a result of severe spinal injury sustained while bus he was occupying struck something in the road to propel him out of his seat and suffer extensive spinal injuries.

  • $175,000 Car Accident

    Kent County settlement for client injured as a result of rear-end auto accident.

  • $175,000 Car Accident

    Kent County settlement for gentlemen injured in shopping plaza road head-on accident by young lady who was believed to have been texting or distracted.

  • $175,000 Truck Accident

    Kent County settlement for young lady struck while in a ditch in a disabled car that spun out of control on snowy roads when a semi-truck also slid into the ditch.

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