The laws in Michigan set specific requirements on the procedures of filing wrongful death lawsuits. The laws also discuss which family members can file the lawsuit and which ones can share in the settlement. It is important that the requirements are specifically followed in order to file the case and receive a settlement.
When a family member dies in an accident, due to medical malpractice, or as a result of the negligence of a person or business, the law allows the surviving family members to file a wrongful death lawsuit. The procedures for filing the lawsuit and damages available to family members is specified in the Michigan Wrongful Death Act.
The Michigan Wrongful Death Act, MCL § 600.2922, states:
(1) Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.
Filing a Michigan Wrongful Death Lawsuit
To file a wrongful death lawsuit, there are certain court filing requirements that must be completed before the actual suit is filed. First, there has to be a thorough investigation of the potential claim and damages to determine whether the case has merit. Once it is determined to be a meritorious claim, a family member of the decedent is typically appointed as the personal representative of the estate of the decedent to pursue the lawsuit on behalf of the other family members.
Quite often, the family will agree on who should be appointed as the personal representative. When the family cannot agree on this appointment, a court hearing will be held and the probate judge will determine who is best suited for that appointment. The person appointed as the personal representative is then authorized by that position to bring the lawsuit.
The personal representative does not determine which family members will receive shares of the settlement or even how much each person will receive. Rather, the probate court judge or circuit court judge assigned to the case will make that determination if the family members cannot agree on the distribution of the settlement proceeds.
It is essential to choose the Michigan wrongful death lawyer as soon as possible to pursue the case on your behalf. Our attorneys will prepare all of the necessary paperwork to get the case started as soon as possible so that we can begin our investigation. We assist the family from start to finish and encourage entire family involvement throughout the entire process.
Our No Fee Promise For Michigan Wrongful Death Cases
We will represent you in your Michigan wrongful death case under our No Fee Promise. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing!
Contact a Michigan Wrongful Death Accident Lawyer
For more information on how to file a Michigan wrongful death lawsuit, call us now at (800) 606-1717 to speak with one of our experienced Michigan wrongful death lawyers about your case. We will listen to your story and tell you how we can help you and your family. If you have a case, we will get started immediately.