SOUTHFIELD WRONGFUL DEATH ATTORNEY
No one should have to face the death of a loved one that could have been preventable. However, if you’ve lost a loved one due to someone else’s reckless actions, contact the accident lawyers at Haque Legal. Our Southfield wrongful death attorneys can provide you with the support and legal guidance you need during this emotionally and financially straining time, while also helping you hold the responsible party accountable. Call today to speak to a Southfield wrongful death lawyer for a free case consultation.
Why Hire A Southfield Wrongful Death Lawyer From Haque Legal?
The Southfield injury attorneys at our law firm are skilled negotiators; we’ll work hard to get you the settlement amount you deserve. We are always focused on client satisfaction and results. Whether it’s wrongful death or personal injury, when you work with us, you are our number one priority. Our Southfield injury law attorneys will fiercely advocate on your behalf in court if necessary. You can rest easy knowing that Haque Legal uses a time-effective and team-oriented approach, meaning our experienced personal injury lawyers collaborate together on your case, providing you with the legal help your particular case needs.
The Michigan Wrongful Death Statute
It is critical to examine the wrongful death statute in Michigan to have an understanding of who can file these claims and how wrongful death cases arise. Under Michigan law, we can see that wrongful death is defined as a death caused by the “wrongful act, neglect, or fault of another” if those actions would have allowed the individual to file a personal injury lawsuit had they survived the incident. Additionally, we see that Michigan law will also consider any wrongful or negligent actions that cause a pregnant woman to suffer a miscarriage or a wrongful death (Mich. Comp. Laws §§ 600.2922, 600.2922a (2021).
Wrongful death can also be the result of:
- Medical malpractice
- An intentional act or violent crime
$1,300,000 Insurance Benefits
The client lost control of their vehicle and crashed into a tree. As a result, they suffered a traumatic brain injury, herniated discs, lost wages, attendant care, replacement services, and ongoing case management.
$1,000,000 Personal Injury
The client suffered a brain injury, spinal disc injuries requiring surgery, knee replacement, severe and permanent disfigurement.
$650,000 Car Accident
A hit-and-run driver rear-ended the client. The client needed two spinal surgeries, post-operative physical therapy, injections, lost wages, and attendant care.
PROVING LIABILITY IN A WRONGFUL DEATH CLAIM
Proving a wrongful death claim in Michigan can be challenging. As with other types of personal injury claims, wrongful death claims have four elements that must be present in order for the claim to be successful in court.
- Duty. The first step in establishing a successful wrongful death claim is showing that there was a duty of care owed by the defendant (the person alleged to have caused the fatality) to the deceased. This duty of care will not look the same for every case that comes to the court system. Duty will look different depending on the situation at hand. For example, drivers on the roadway all owe a duty of care to others around them. This includes operating a vehicle safely so that others are not harmed. However, a duty of care will look entirely different from the relationship between a doctor and a patient. Yes, a doctor will owe a duty of care to their patient, and this has meaning.
Reach out to us to schedule your free, confidential consultation and get more information.
WHAT’S THE DIFFERENCE BETWEEN HOMICIDE AND WRONGFUL DEATH?
Although wrongful death and homicide may seem like the same thing in the eyes of most people, they are actually very different. While both center around the death of an individual, wrongful death is a civil case, whereas homicide is a criminal matter.
When it comes to homicide, the state, not the victim’s family, will try to prove that an individual is guilty of murder beyond a reasonable doubt and place them on trial in front of a jury to potentially face extreme penalties for their actions.
In a wrongful death claim, a lawsuit is filed by the victim’s family, although the defendant is not faced with legal punishment, even if it is proven that they are liable for the individual’s death. Instead of legal ramifications, the defendant is then charged to pay the victim’s family compensation for the death.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
Every state around the country has laws regarding who can actually file a wrongful death claim in civil court. Many states allow the surviving family members of the deceased to file a wrongful death lawsuit. However, in Michigan, the law requires that the personal representative, often called the executor, of the deceased individual’s estate file the claim. The personal representative must notify the surviving family members entitled to damages that they have filed the lawsuit within 30 days.
Just because the personal representative is the one who files the lawsuit does not mean that they will be the one receiving the eventual damages if the civil claim is successful. The damages in the case will be awarded to the deceased individual’s family to compensate them for the fatality.
WHAT ARE COMMON CAUSES OF WRONGFUL DEATH IN SOUTHFIELD?
Unfortunately, wrongful deaths tend to be the result of any catastrophic accident that is serious enough to result in the loss of life. For the most part, car accidents in Southfield are the leading result of wrongful death cases in Michigan, although there is no real limit as to what can be constituted as wrongful death.
Wrongful death claims in Michigan arise if a death occurs as a result of a “wrongful act, neglect, or fault of another.” There are a variety of ways that please incidents occur, and our attorneys are standing by and ready to help those who have lost a loved one as a result of the following:
- Car accidents. Car accidents are often caused by the careless or negligent actions of other drivers, and 1,083 individuals lost their lives during the latest reporting year across the state on our roadways, according to the Michigan Department of Transportation.
- Motorcycle accidents: Motorcyclists are incredibly vulnerable during vehicle accidents caused by the actions of other drivers. There are no airbags, seatbelts, or metal frames to protect a motorcyclist should another driver make a mistake and cause a crash.
- Truck accidents: Commercial trucks can weigh as much as 80,000 pounds when fully loaded, and any type of crash involving these vehicles is more likely to result in a fatality.
HOW CAN A SOUTHFIELD WRONGFUL DEATH LAWYER HELP?
A wrongful death attorney is a great resource to have when going through the complicated legal process. The last thing you need while grieving and arranging a funeral is to keep track of the court’s schedule or opposing counsel’s attempts to get you to settle for less than you deserve.
Lucky, a Southfield wrongful death lawyer from Haque Legal can help you:
- Gather evidence including expert witnesses’ testimony and witness statements
- Reconstruct the accident scene to present concrete evidence to the jury
- Handle discovery requests from opposing counsel
- Manage all court hearings and appearances
- Much, much more
You don’t need to navigate this process alone. Our attorneys have the experience, skills, and knowledge to help you through this, from start to end.
WE LOVE OUR CLIENTS
In every case, we take on, our priority is always to exceed your needs and expectations. We look at the big picture, so we can achieve the highest level of client satisfaction and client results possible.
Because we choose to work as a team, our clients benefit from our deep-rooted connections within the community and the strength of our networking power.
We are committed to the community that we serve and are always finding new ways to get involved and partner with nonprofits within Michigan.
CONTACT A SOUTHFIELD WRONGFUL DEATH LAWYER AT HAQUE LEGAL
At Haque Legal, our Southfield wrongful death attorneys are standing by to assist you in your difficult time. We understand that no amount of money can reverse what happened or take away your grief. Yet, we hope that financial compensation can help hold the responsible party accountable for their wrongdoing, while also bringing you some closure and justice in the process. Contact us or call today at (248) 988-9625 for your free case consultation. One of our Southfield personal injury lawyers will be with you every step of the way, for anything you need.
What Damages Can You Receive From A Wrongful Death?
In the event that a jury finds the at-fault party truly at fault for your loved one’s death, they will award damages. Oakland County provides that the jury can award damages for:
- Medical, funeral, and burial expenses
- Pain and suffering experienced by your loved one
- Loss of financial support that the deceased person contributed
- Loss of consortium which also means that care and companionship your loved one provided