When you have lost a loved one due to the actions of another, you should be able to seek justice. Contact a wrongful death lawyer in Detroit for help.
The period after the devastating loss of a loved one can be difficult. Now is the time that you should be in mourning. But instead, you’re having to deal with a difficult litigation process because someone else is at fault for your loved one’s passing.
The good news is there is a light at the end of the tunnel. Filing a civil claim with the help of an experienced Detroit wrongful death lawyer at Pazner, Havens, and Slingwein, Attorneys at Law could make all the difference in the outcome of your case.
Continue reading to learn more about what it means to file a wrongful death claim in Detroit, Michigan, who has the authority to file a wrongful death lawsuit, and how much you could be awarded if you win.
Nearly any type of accident has the potential to produce fatal injuries under the worst circumstances. A wrongful death is any death that is caused by negligent or wrongful acts.
This means that it doesn’t matter from a wrongful death perspective whether someone accidentally killed your family member or was intending to harm them. The only thing that matters here is that the individual or entity is responsible for the death of your loved one. And they should be held accountable.
There are two different ways these parties can be brought to justice. One is through civil court, and the other is criminal court. There is no guarantee that the at-fault party will face criminal charges. But criminal court is much different than civil court.
In civil court, you will be represented by a wrongful death lawyer in Detroit. Your attorney will need to prove, based on a preponderance of the evidence, that the accused party is at fault for your family member’s death. If your lawyer is successful, you can be awarded compensation for all of the ways that your life and your family members’ lives were affected by the fatality.
In criminal court, however, charges must be filed by one of Michigan’s prosecuting attorneys. If the state prosecutor elects to pursue criminal charges, they’ll be seeking criminal penalties. That might include jail or prison time, among other consequences, but it’s unlikely to include restitution for you and your family. That’s the role of a civil claim.
You might be feeling anxious and ready to get started on your Michigan wrongful death claim. But before you can begin, you need to make sure that you have the authority to file your claim.
Under Michigan law, only the personal representative of the decedent’s estate has the right to file a wrongful death claim. This could be anyone who the decedent named in their estate plans. More often than not, this might be the decedent’s surviving spouse, parents, or adult children.
Within thirty days of the lawsuit being filed, the personal representative will need to send a written notice of the claim to the family members who might be entitled to compensation.
Negotiating a settlement after a fatal accident can prove to be more challenging than you might have thought. But your family should never settle for less than you deserve. The liable party should be ordered to compensate your family for a number of different losses. Some of the different damages you could be awarded in your Detroit wrongful death claim include:
Only certain family members are entitled to recover damages awarded in a Detroit wrongful death claim. The decedent’s surviving spouse, children, siblings, parents, grandparents, and anyone who might have been left something in the decedent’s will may be entitled to recover damages.
When you’re feeling overwhelmed with grief and unsure how to get justice for your loved one, a compassionate Detroit wrongful death lawyer at Pazner, Havens, and Slingwein, Attorneys at Law is here to help your family make the culpable party pay. Get started on your case today. Call our office at 313-822-2244 or fill out our quick contact form and we will reach out to discuss your legal options.
