In a Michigan wrongful death lawsuit, family members of the deceased person are be entitled to recover damages and compensation related to the death of their family member. These claims can be made in all Michigan Wrongful Death cases under the Michigan Wrongful Death Statute.
Who is entitled to recover loss of consortium and companionship claims under Michigan Law?
Under Michigan common law, which is law set by judges in other cases, certain classes of people are entitled to claim damages for loss of consortium or companionship as a result of an injury to another. The amount of damages that a person may be entitled to for the personal injury or wrongful death claim of another is decided by a jury (or a judge, if no jury demand has been made).
Loss of consortium claims is known as "derivative damages" because they are derived from another's personal injury or wrongful death. People entitled to recover such damages in Michigan include a spouse, children, parents of the person injured, or the person who suffers a wrongful death. The most common claim is a loss of consortium claim by a family member for damages to their relationship with the injured person.
What wrongful death damages can you claim in Michigan for injury to a spouse?
Michigan Civil Jury Instruction 52.01 directly addresses the measure of damages for injury to a spouse due to the wrongful death of the other spouse. The damages allowed to the surviving spouse include the:
*Reasonable expense of necessary medical care, treatment and services received by the spouse
*Reasonable value of the services of spouse of which the surviving spouse has been deprived. This includes help around the home, bill paying, maintenance, and other services that a husband and wife typically provide to each other.
*Reasonable value of the society, companionship and sexual relationship with deceased spouse of which the surviving spouse has been deprived
These damages are for the past, which is from the date of death to the present, and those that will occur in the future over through the surviving spouse's lifetime.
What wrongful death damages can children claim in Michigan for loss of a parent?
The children of a person who dies of a wrongful death can also have a claim for loss of parental society and companionship. However, Michigan does not recognize recovery of a parent suing for loss of companionship for an injured child. Michigan does continue to recognize a parent's entitlement to recovery for economic damages in the form of medical expenses, loss of services, paying for the care of an injured child, and even damages for wages that the child may have earned up to the age of eighteen. These rules only apply where the child is injured.
Free Guide for Michigan Wrongful Death Lawsuits
When someone dies an unlawful or accidental death due to the fault of another, surviving family members can file a wrongful death lawsuit. To better understand the secret deadlines that will destroy your case if you delay in hiring a lawyer, download our The Ultimate Michigan Wrongful Death Lawsuit Handbook," by Lawrence J. Buckfire.hand guide, "
Cases related to wrongful death accidents are brought by family members seeking justice for the loss of a loved one. We can help your family after a tragedy involving an accidental or unlawful death.
The book sells for $14.95 on Amazon, but you can download it immediately for FREE.
Best Michigan Wrongful Death Lawyers
Our legal team includes the most successful wrongful death attorneys in Michigan. Buckfire & Buckfire, P.C. and our lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
- Member of Million Dollar Advocates Forum
Our No Fee Promise on Michigan Wrongful Death Cases
You can afford to have the best Michigan accidental death attorneys on your side for your wrongful death lawsuit. It costs you nothing to get started and we will even pay to open the probate estate. If your case is unsuccessful, you owe us nothing.
For all cases involving an accidental death or an unlawful death, we promise you in writing:
- No money to get started or to open the probate estate
- We pay all case costs and expenses from start to finish
- No legal fees whatsoever unless the case settles
- Phone calls are always free, forever.
Start Your Michigan Wrongful Death Lawsuit
There are three easy ways for us to get started on your case. You can:
- Chat online with our intake specialist and an accidental death lawyer will call you directly.
- Submit the Free Case Review Box on this page. We will contact you shortly.
- Call (888) 797-8787 any time of day to tell us about your case.
Warning: There are strict time deadlines for filing Michigan wrongful death lawsuits. Call to learn more about Michigan Wrongful Death lawsuits & settlements.