It is always difficult when a family member dies. When a loved one passes away, it is quite common to feel grief and loss. Those feelings can be even worse when someone is taken out of our lives due to the carelessness or negligence of another.
Nothing can ever truly replace a relative lost forever. However, Michigan law does allow family members to receive fair and reasonable compensation when an individual dies as a result of injuries caused by someone else. Michigan’s Wrongful Death Act permits the following people to recover certain damages:
- The decedent‘s spouse
- The decedent’s children (and their descendants)
- The decedent’s parents and grandparents
- The decedent’s brothers and/or sisters
- People entitled to recover a portion of the decedent’s estate under law
- People entitled to recover a portion of the estate under a will
Instead of compensating the decedent, the Wrongful Death Act is designed to compensate the surviving relatives and the estate for damages they have suffered. Therefore, damages are typically limited to:
- Reasonable medical, hospital, funeral, and burial expenses
- Conscious pain and suffering suffered by the decedent
- Loss of financial support
- Loss of society and companionship
The law also permits a jury or judge to award any other damages considered "fair and equitable under the circumstances."
Michigan’s Wrongful Death Act is very complicated and detailed. It includes numerous procedural requirements that must be strictly observed. Our firm regularly handles this type of claim, and we may be able to help you if you have lost a family member due to the negligence of someone else.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.