How To File a Wrongful Death Lawsuit
Legally Reviewed and Edited by: Terry Cochran
Losing a loved one is an unimaginable hardship, made even more difficult when that loss results from someone else’s negligence. Filing a wrongful death claim can provide much-needed compensation to help cover expenses like medical bills and funeral costs and hold those responsible accountable.
However, many families feel uncertain about what to expect during the process and the steps they can take to protect their rights. Learn how to file a wrongful death lawsuit in Michigan with the support of the compassionate attorneys at Cochran, Kroll & Associates, P.C. We can help your family recover a fair settlement and pursue accountability for your loss.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action that allows family members to seek justice and compensation when a loved one’s death is caused by another person or entity’s negligent, reckless, or intentional actions.
Unlike criminal cases, which aim to punish the wrongdoer, a wrongful death lawsuit focuses on providing financial relief to the deceased’s family members for the various burdens that arise from an untimely and preventable loss.
In Michigan, wrongful death claims provide surviving family members with a way to recover tangible and intangible losses that can affect their lives after the unexpected loss of a loved one.
Critical Elements of a Wrongful Death Lawsuit
To successfully file a wrongful death claim, the lawsuit must meet specific legal criteria that include the following:
| Legal Element | Explanation | Examples |
| Duty of Care | The plaintiff must demonstrate that the defendant owed the deceased a legal duty of care. This means the defendant was responsible for avoiding actions or omissions that could cause harm. | Your loved one’s doctor was responsible for diagnosing and treating their symptoms according to standard medical practices. |
| Breach of Duty | The plaintiff must show that the defendant breached this duty of care through negligence, recklessness, or intentional actions. | Doctors failed to diagnose a heart attack despite urgent symptoms such as chest pain and difficulty breathing and did not order further tests or monitoring. |
| Causation | The plaintiff must prove that the defendant’s breach of duty caused the death. | According to expert testimony, this failure allowed your loved one’s heart attack to go untreated, leading to their passing. |
| Damages | The lawsuit must detail the losses suffered by the deceased’s family members. | You and your family face medical expenses, funeral costs, and the emotional loss of your loved one. |
Common Causes of Wrongful Death
Wrongful death cases can occur due to various incidents where negligence or misconduct played a role, such as:
- Vehicle accidents. When a driver acts recklessly by speeding, texting, or driving under the influence, they endanger the lives of others on the road. Families can file a wrongful death claim against the driver of the car or the driver’s employer if the accident involved a commercial vehicle or truck.
- Medical malpractice. Mistakes by healthcare providers, including misdiagnosis, surgical errors, or inadequate treatment, can result in serious injury or death. Families may pursue wrongful death claims against the hospital, doctor, or medical personnel responsible for the error.
- Product defects. Manufacturers and retailers are responsible for ensuring their products are safe for consumers. If a defective product leads to fatal injuries, the victim’s family may be able to file a wrongful death claim against the manufacturer, distributor, or retailer.
- Workplace accidents. In high-risk industries like construction, safety negligence can lead to tragic fatalities. When an employer or third party fails to uphold safety standards, they may be held accountable for wrongful death.
- Premises liability. Property owners are required to maintain safe premises for visitors. Fatal accidents like slip-and-falls due to unaddressed hazards can lead to a wrongful death claim if the property owner’s negligence caused the incident.
- Nursing home abuse and neglect. Tragically, wrongful deaths can occur due to neglect or abuse in nursing homes. Families have the right to hold nursing homes and caregivers accountable for failing to provide a safe and compassionate environment. In cases where neglect or abuse leads to death, a wrongful death claim can be filed to recover compensation for the family.
- Pedestrian and bicycle accidents. Pedestrians and cyclists are vulnerable on the road, and collisions with vehicles can result in fatalities. Drivers who fail to yield, are distracted, or engage in reckless behavior can be held liable for wrongful deaths resulting from these accidents.
Why Consider Filing a Wrongful Death Claim?
While taking legal action may feel overwhelming, a wrongful death lawsuit can provide financial support and a sense of justice for the surviving family members. The compensation recovered allows families to cover immediate expenses, secure their financial future, and honor their loved one’s memory by holding the responsible parties accountable.
Wrongful death claims can also have a broader impact by promoting safety standards and discouraging negligence, potentially preventing similar tragedies in the future.
For example, if a loved one passes away in a truck accident due to a faulty brake system or defective tires, your family can file a wrongful death suit against the manufacturer. This can hold them accountable and may lead to new regulations that make the product safer for future users.
Steps to Filing a Wrongful Death Lawsuit in Michigan
Families wondering how to file a wrongful death lawsuit in Michigan can follow these steps to understand their rights and start a claim. Here’s how to file a wrongful death lawsuit:
1. Consult a Wrongful Death Attorney
Begin by consulting an experienced wrongful death attorney who can help you explore your options, manage every detail of your case, and ensure all legal requirements are met. Our attorneys offer compassionate support, advising you on the types of compensation available based on your unique circumstances.
2. Appointment of Personal Representative
Identify the personal representative appointed for the deceased’s estate, which is often listed in the will or estate trust. If there isn’t a designated representative, request that the probate court assign one. The appointed representative will begin the lawsuit and notify all eligible family members about the case.
3. Investigation and Evidence Collection
Work with your attorney to collect evidence, such as medical records, accident reports, witness statements, photos of the accident or injuries, and victim impact statements from family members. In medical malpractice cases, bring in expert witnesses to demonstrate how negligence led to your loved one’s death. Building a solid evidence base establishes liability and reinforces your case.
4. File a Lawsuit
After completing the investigation, file the wrongful death claim in court with your attorney’s guidance. The claim should list the responsible parties, the damages being pursued, and the legal grounds for seeking compensation. The personal representative must notify eligible family members within 30 days of filing so they can participate in the case and present their claims for compensation.
5. Settlement Negotiations
Many civil tort claims, including wrongful death cases, are settled before going to trial. During this phase, your attorney will work with the defendant’s insurance company or legal team to negotiate a fair settlement. The case may proceed to court if the defendant refuses to offer reasonable compensation.
6. Trial and Court Decision
If your case goes to trial, it will proceed before a judge and jury. Your attorney presents important evidence highlighting the defendant’s negligence, questions witnesses, and argues for the full recognition of your family’s loss. After reviewing all the details, the jury determines your damage award, which can include:
- Medical expenses. Covers costs for medical treatment the deceased received, such as emergency care, surgeries, hospital stays, and medications.
- Funeral and burial costs. Wrongful death claims often include compensation for funeral expenses, helping to alleviate the financial strain during this challenging time.
- Lost income and financial support. Payment for the lost income and financial support the deceased would have contributed, helping maintain the family’s financial stability.
- Pain and suffering. Damages for the emotional pain endured by surviving family members due to their loved one’s passing, acknowledging the impact of the loss.
- Loss of companionship. Compensation for the emotional toll on family members, particularly for the loss of companionship, guidance, and parental support.
How Long Do You Have To File a Wrongful Death Claim in Michigan?
In Michigan, the statute of limitations for filing a wrongful death lawsuit is three years from the date of your loved one’s passing. Missing this deadline could mean losing the right to seek compensation, so acting quickly is important.
In some cases, exceptions—such as the delayed discovery of the cause of death—may extend this timeframe slightly. A qualified Michigan wrongful death attorney can help you understand the specific deadlines that apply to your case.
Overcoming Challenges in a Wrongful Death Claim
Filing a wrongful death claim can be a complicated and emotionally taxing process, especially for grieving family members. Numerous legal and procedural challenges may surface, making the guidance of a skilled wrongful death attorney essential to resolve them. An attorney can help you address the following challenges and win your claim:
Establishing Liability
Establishing legal responsibility in a wrongful death case can be challenging, particularly when multiple parties may share fault. For example, a car accident could involve the other driver, their employer, a vehicle manufacturer, or a contractor responsible for road maintenance.
Our law firm thoroughly investigates each detail, identifying all responsible parties, and takes action to hold each one accountable.
Proving Damages
We collaborate closely with expert witnesses, including mental health professionals, economists, and accident reconstructionists, to evaluate the emotional and financial impacts of your loss. Their testimony strengthens the case, helping us pursue full compensation on your behalf.
Negotiating With Insurance Companies
Insurance companies frequently attempt to reduce their payout in wrongful death claims by disputing liability, lowering compensation, or delaying negotiations, adding extra strain on grieving families during an already difficult time.
Our attorneys negotiate firmly, addressing insurers’ tactics to secure fair compensation for you. We shield you from pressure or attempts to gather statements that could weaken your case. By handling all legal details, reviewing policy limits, and navigating procedural hurdles, our team allows you to focus on healing.
Meeting Strict Legal Deadlines
Michigan’s wrongful death statute mandates filing within three years of the date of death, with additional deadlines along the way, such as notifying family members within 30 days. Missing these deadlines can jeopardize the case, but our attorneys stay ahead of all timelines, promptly filing paperwork and gathering evidence to protect the claim’s validity.
Gathering and Presenting Evidence
Building a strong wrongful death case requires extensive evidence, such as police reports, medical records, witness statements, and expert testimony. Gathering specialized evidence, like accident reconstructions or detailed medical documentation, can be complicated and time-intensive.
At Cochran, Kroll & Associates, P.C., your attorney efficiently collects and presents evidence to create a clear and strong case for your family.
Attorney Eileen Kroll’s Role in Wrongful Death Cases
Eileen Kroll’s experience as a registered nurse and senior attorney at Cochran, Kroll & Associates, P.C., gives families an advantage in wrongful death cases. Eileen’s healthcare background allows her to analyze complex medical records, identify critical issues in healthcare-related cases, and uncover details in medical malpractice that others might overlook.
Eileen’s expertise enables her to effectively handle cases involving medical malpractice, car accidents, and product liability, providing families with knowledgeable and compassionate support during a difficult time.
Get Compassionate Legal Support After Wrongful Death
Your family deserves the highest level of care and commitment after the loss of a loved one. Our law firm provides the legal guidance and support you need during this difficult time.
Our knowledgeable team will guide your family through the legal process, provide clear explanations of how to file a wrongful death lawsuit and pursue the compensation you deserve.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
