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Recent December 2022 Case in Wrongful Death Claims in Michigan


In previous articles, we discussed that wrongful death claims in Michigan are cases filed by grieving families. Generally, when a case cannot reach the same level of burden of proof, it switches to a claim where there are fewer criminal elements or a lower burden of proof. This is where wrongful death may be filed by the bereaved family.

In this article, let us look at the latest Supreme Court pronouncement on wrongful death claims in Michigan. 

Case Decision

The Michigan Supreme Court, in the case of Estate of Jawad Jumaa v Prime Healthcare Services-Garden City, LLC, stated the following doctrine:

“We think the above cases establish that a child’s expected future earning potential is not inherently too speculative to permit recovery. 

The touchstone is whether that future earning potential can be proven with reasonable certainty based on the child’s unique and known traits and abilities. There is no reason why the child must have an employment history. 

We decline to specify how old is “old enough,” because different people mature at different rates, so that inquiry will inevitably depend on the specific child at issue. Nevertheless, it is well-known that at least by the end of middle school, it is common for teachers or other adults in a child’s life to perceive when a child shows promise in a field, has any particular aspirations or strengths, displays a developed personality characteristics such as conscientiousness or the kind of social adeptness that would likely evolve into adult networking skills, and so on. 

Furthermore, it is also well-known that a child’s environment, including the child’s parents, school system, the general area of residence, participation in extracurricular activities, exposure to traumas or role models, and similar extrinsic influences will affect the child’s future earning potential. We do not purport to set forth an exhaustive list of characteristics and influences, nor do we suggest that any of the above characteristics and influences are necessary. 

We hold only that it seems highly likely that the future earning potential of a 13-year-old can be proven with reasonable certainty based on personal characteristics and influences known at the time, and we unequivocally reject the proposition that the future earning potential of a 13-year-old categorically cannot be proven with reasonable certainty.” (emphasis ours)

Do you agree with this position?

If you are in the same predicament, our law firm is here to help you out.

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Here at Haque Legal, we always have your back. Make sure that on your first free consultation, we tell you everything that you need to know about your case as well as the cost and the expenses that would be associated with the filing of your case. 

The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have a personal injury case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.

Let Haque Legal Help You With Your Case

If you require a lawyer who can assist you with ensuring that you protect your rights, it is essential to know that you also have a team that can help you out with your specific needs. 

Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used. 


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

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If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.

The post Recent December 2022 Case in Wrongful Death Claims in Michigan appeared first on Haque Legal.

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