Advocating For You With Compassion In A Wrongful Death Case
Nothing can prepare you for the death of a loved one in a catastrophic accident. The pain and grief are unimaginable. There is also the financial toll that losing your loved one’s source of income may cause. Funerals and burials can cost thousands of dollars on top of your loved one’s medical bills and lost wages.
At Mabbitt Bhimani Law in Grand Rapids, we understand the pain of losing a loved one unexpectedly. We have helped many Michigan families get through the legal, financial and emotional processes of wrongful death. You can rely on us during this very difficult time in your life. We can help ensure that your family has the financial resources to move forward. This cannot bring your loved one back, but it can bring about some measure of closure.
Wrongful Death In Michigan: What To Know
In Michigan, a wrongful death occurs when one party’s negligence causes the death of another person. Whether the party that caused the death is an individual or a company, the deceased person’s loved ones may have the right to hold them accountable for financial losses and other damages. Under Michigan law, a surviving family member who is the personal representative for the decedent’s estate and who has been appointed by a probate court judge can bring a wrongful death suit against the negligent party.
In Michigan, you must prove the following to bring a wrongful death suit successfully:
- There was a breach of duty by the negligent party.
- There were negligent actions by the liable party.
- There is causation, meaning that the negligent party’s actions directly resulted in the death.
- There are financial and nonfinancial damages suffered by the deceased and surviving family members.
The forms of compensation that you may recover for a wrongful death can include:
- Funeral costs and burial expenses
- Medical bills such as hospitalization, ER bills, surgery and medications
- Past and future loss of income, if the victim was a wage-earner
- Conscious pain and suffering of the deceased
- Emotional distress of the surviving family members
- Loss of consortium
- Loss of the contributions, help and care the deceased made to the household
Each case is different, and the exact damages will depend on the specific circumstances of the death.
It is important to note that a wrongful death suit is a civil lawsuit that does not involve criminal charges if there are any. Any consequences the liable party faces in a wrongful death lawsuit are financial. If the state pursues criminal charges against the perpetrator, it is a separate case.
How Long Do You Have To File A Wrongful Death Suit In Michigan?
Michigan has a limited period in which you can file a claim. The statute of limitations for filing a wrongful death lawsuit in this state is three years from the date of the victim’s death. Missing the statute of limitations means that you cannot seek compensation for your damages. It is best to get started on your claim as soon as possible so that we can investigate the circumstances surrounding the accident and collect evidence while we still can.
What Does A Wrongful Death Attorney Cost?
People often ask us if they can afford to hire a wrongful death attorney to file a wrongful death suit. It does not cost anything upfront. Just like personal injury cases, wrongful death cases are taken on contingency fees. This means that you do not pay us anything unless we recover compensation for you via a settlement or a jury award. We then take a portion of the damages as our fee. If we do not recover compensation, you do not owe us anything.
How Can An Attorney Help With Your Claim?
Losing a loved one due to negligence is a painful experience. Filing a wrongful death claim can provide financial compensation to help ease the burden, but the process can be complex and emotionally draining.
Working with our wrongful death attorney can make a difference in the success and outcome of your case. Below are some of the ways we can help with your wrongful death claim:
- Investigate the incident thoroughly: Building a strong case starts with a comprehensive investigation. We work with professionals such as accident reconstructionists, forensic experts and medical specialists to analyze the circumstances of the incident. This includes gathering evidence like police reports, witness statements or surveillance footage.
- Identify liable parties: In many cases, multiple parties may be responsible for your loss. For example, a fatal car accident could involve a negligent driver, a vehicle manufacturer or even a government entity responsible for road maintenance. We help ensure every liable party is identified, increasing the likelihood of obtaining full compensation.
- Handle legal paperwork and deadlines: Filing a wrongful death claim involves paperwork, from preparing legal documents to submitting forms within strict deadlines. Missing these deadlines can jeopardize your case. Our lawyers can help ensure every document is filed correctly and on time, keeping your case moving forward without procedural issues.
- Negotiate with insurance companies: Insurance companies aim to minimize their payouts and may pressure you into accepting a low settlement. We understand these tactics and will advocate on your behalf to negotiate a settlement that accurately reflects the value of your claim. We can push back against unfair offers and present evidence to support your losses.
- Assess the value of your claim: Determining the full value of your claim requires evaluating both economic and noneconomic damages. It includes quantifiable losses like medical bills, funeral expenses and lost wages, and intangible damages like pain, suffering and loss of companionship.
- Represent you in court: If a fair settlement cannot be reached, we are prepared to take your case to trial. Our attorneys will build a compelling argument, present evidence, question witnesses and advocate for justice in front of a judge or jury.
Beyond legal representation, we also guide you during this difficult time in your life. We provide clear communication, answer your questions and handle the legal challenges so you can focus on grieving and healing.
Contact A Grand Rapids Wrongful Death Attorney Who Can Pursue Justice
If you lost a loved one to a fatal accident or another type of negligent death, contact us today. We offer decades of combined experience in these cases. See how we can help you by calling 616-326-1111 or by contacting us online for a free consultation. We serve Kent County and the surrounding area.