Dearborn Wrongful Death Attorneys

Compassionate Advocacy for Grieving Families

When you lose a loved one, it is devastating. When you lose a loved one due to the negligence, recklessness, or misconduct of another person or entity, the loss is even more traumatic. At Haque Legal, we understand the pain and suffering you are going through, and we are here to help you seek justice and your entitled compensation.

Our Dearborn wrongful death lawyers are ready to guide you through the legal process. We are here to answer your questions, address your concerns, and provide you with the compassionate, personalized legal guidance you deserve.

Call (248) 988-9625 or contact us online to request a free consultation.

What is Wrongful Death?

Wrongful death is a legal term used to describe a situation in which a person dies due to the negligence, recklessness, or misconduct of another.

In a wrongful death lawsuit, the follwing elements must be proven to succeed in holding the defendant liable for the death of the victim:

1. Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased person. This duty of care generally means that the defendant had a legal obligation to act with reasonable care to prevent harm to others, including the deceased.
2. Breach of Duty: The plaintiff must show that the defendant breached their duty of care by acting negligently or recklessly. This could involve demonstrating that the defendant failed to fulfill their duty by engaging in actions that a reasonably prudent person would not have done or by failing to take actions that a reasonably prudent person would have taken under similar circumstances.
3. Causation: The plaintiff must establish a causal connection between the defendant's breach of duty and the death of the victim. This means demonstrating that the defendant's actions or negligence directly resulted in the death of the deceased person.
4. Damages: The plaintiff must prove that they suffered compensable damages as a result of the victim's death. These damages can include economic losses, such as medical expenses and lost income, as well as non-economic losses, such as pain and suffering or loss of companionship.

Wrongful death claims are civil actions that are separate from any criminal charges that may be brought against the at-fault party. In other words, even if the person or entity responsible for your loved one’s death is not convicted in criminal court, you may still have grounds to bring a civil wrongful death claim.

Under Michigan law, the personal representative of the deceased person’s estate may bring a wrongful death claim. If the deceased person did not name a personal representative in their will, the court will appoint someone to serve in this role. The personal representative will bring the claim on behalf of the deceased person’s surviving family members. Damages in a Michigan wrongful death case are awarded to the deceased person’s surviving spouse, children, parents, grandparents, and/or siblings.

Available Damages from a Wrongful Death Lawsuit

In Michigan, like in many other states, wrongful death lawsuits allow surviving family members to seek compensation for the loss of their loved one due to someone else's negligence or intentional actions. In such cases, several types of damages may be pursued:

• Economic Damages: These are tangible losses that can be quantified monetarily. They typically include:
  • Medical expenses incurred prior to the victim's death.
  • Funeral and burial expenses.
  • Loss of the deceased person's income, including potential future earnings.
  • Loss of benefits, such as pension or medical coverage, that the deceased provided to their family.
• Non-Economic Damages: These are more intangible losses that are not easily quantifiable but are equally significant. They may include:
  • Pain and suffering endured by the deceased prior to death.
  • Loss of companionship, guidance, and consortium suffered by surviving family members.
  • Emotional distress experienced by family members due to the loss of their loved one.
  • Loss of household services or assistance previously provided by the deceased.
• Punitive Damages: In cases where the defendant's actions were particularly egregious or involved gross negligence, the court may award punitive damages. Unlike economic and non-economic damages, which are meant to compensate the plaintiffs, punitive damages are intended to punish the defendant and deter similar behavior in the future.