Wrongful death occurs when misconduct or negligence causes a person’s death. These accidents can happen in many ways, including traffic collisions, medical malpractice, and workplace accidents.
If you have lost a loved one due to an act of negligence or misconduct and wish to file a wrongful death lawsuit, contact our team of wrongful death lawyers at Cochran, Kroll & Associates, P.C. to help you through this difficult time. We provide guidance on who can file a wrongful death claim, the types of damages you can recover, and filing and notice deadlines.
The purpose of a wrongful death lawsuit is to gain compensation for the damages a victim has suffered. Your wrongful death attorney must show the three elements necessary to proceed with a wrongful death claim:
Michigan’s wrongful death statute establishes the rights of the decedent’s family and the responsibilities of the Personal Representative. The family may choose one if the deceased person’s will does not name a Personal Representative.
The Personal Representative must engage a personal injury attorney in Michigan to file a legal claim. This person must deliver a notice of the pending civil lawsuit to all family members who may recover damages within 30 days of the filing of the claim.
To successfully prove this type of case, your attorney must present evidence that a person’s or organization’s carelessness or negligence resulted in the death of your loved one.
Your situation may qualify for a wrongful death civil suit if one of these situations or any other type of negligence caused the death of your loved one. While a lawsuit cannot replace the loss of someone you love, it can ease the financial burden and provide peace of mind.
Common types of wrongful death claims can include:
When you work with Cochran, Kroll, & Associates, P.C., we can start building your case immediately. Rest assured that our skilled and dedicated legal team leaves no stone unturned in getting your family the compensation you deserve. When you hire a wrongful death lawyer from our law firm, you can expect them to:
After losing a loved one unexpectedly, our clients frequently need time to grieve and begin rebuilding their lives. Our lawyers and legal professionals at Cochran, Kroll & Associates, P.C. make that possible by serving as your legal representative in dealing with investigators, insurance companies, journalists, and others who may want to intrude on your privacy during this difficult time.
We advocate for your rights and interests, ensuring that you and the memory of your loved one receive the respect and dignity you deserve.
Your lawyer reviews evidence by examining the scene of the accident, reading police reports, interviewing witnesses, and consulting experts.
If you have a medical malpractice claim, they can ask an expert medical witness to define the standard of care the liable party violated or explain how a defective product caused a specific injury.
The attorney can work with a forensic expert to reconstruct a truck or workplace accident to represent what occurred visually. They can explain how negligent driving or inadequate maintenance contributed to the accident.
Michigan law allows the wrongful death victim’s family to recoup losses related to medical expenses, funeral costs, burial costs, and loss of household income. Medical bills include hospital bills, hospice bills, and related medical care.
Non-economic damages you can recover include the pain and suffering your loved one experienced from the accident until their death. As part of your non-economic damages, you may also receive loss of consortium. The loss of consortium is a legal term that describes the loss of the benefits of married life.
Other non-economic damages include the loss of care that represents the loss of parental care and guidance for minor children. Loss of society includes the loss of the love, care, affection, guidance, and protection of the lost loved one.
Your attorney will send a demand letter to the insurance company requesting payment. Companies often refuse these demands, leading to negotiations. If the company offers a fair settlement, your lawyer can help you collect and distribute the award.
If your lawyer and the insurance adjuster fail to reach a mutually agreeable settlement, your attorney can take the case to court.
Our lawyers are skilled negotiators who know how to get top-dollar results. We also understand the importance of guiding you on when to accept a settlement and when to keep fighting. Our legal team will never pressure you into an unwanted resolution of your wrongful death claim because the decision to settle or keep fighting is yours.
We have a strong track record of successful settlements for our clients. For example, one of our clients won $1 million in a wrongful death suit for the untimely death of a mother who suffered a closed head injury and did not receive proper medical care.
We have extensive experience protecting the rights of people who have been injured or killed due to negligence and misconduct. In a medical malpractice case resulting in death, our senior partner, Eileen Kroll, can work on your case. She can discuss your legal rights and use her knowledge as a registered nurse to connect your loved one’s death to medical malpractice.
The discovery phase is a formal process where lawyers gather evidence. It gives all parties an accurate guess at what evidence will be presented at trial. Sometimes, one party may offer a settlement during the discovery process.
Attorneys from both sides can request documents relevant to the case, including any applicable insurance policy, medical records, and maintenance schedules. They can submit interrogatories, written questions, and request depositions. They can also examine physical evidence from the accident and see how it caused the wrongful death.
Before the case goes to trial, attorneys can file pre-trial motions. These motions can accomplish different things.
The motion to discover asks the judge to compel the other side to produce the requested evidence. A motion to depose asks the judge to make someone submit to a deposition. A motion to suppress asks the judge to rule specific evidence inadmissible.
In a motion to dismiss, the defense attorney asks the judge to rule that there is insufficient evidence to proceed with a trial. A motion for summary judgment asks the judge to issue a decision based on the facts in evidence at the time. This motion is usually used when all parties agree on the facts or in the presence of overwhelming evidence.
Sometimes Michigan wrongful death cases are not settled and proceed to trial before a judge and jury. Our skilled team of award-winning trial attorneys knows how to achieve the largest awards from Michigan juries in wrongful death cases.
Your wrongful death lawyer can prepare the case and present the relevant evidence to the jury. They will question the witnesses they call and cross-examine the defense witnesses to help bring the truth to light.
Whether a drunk driver caused a fatal crash or a tired physician committed medical negligence, your loved one suffered a preventable death. Legal action in court ensures you obtain the fair settlement you and your family deserve after your loved one’s death.
At the law office of Cochran, Kroll & Associates, P.C., we provide skilled and empathetic legal representation for grieving families in wrongful death cases. We know your challenges and can guide you through the legal process if you’ve lost a loved one to a fatal accident, medical mistake, or reckless behavior.
We will advocate for you and help you get the financial compensation and justice you deserve for your loss. We invite you to contact us for a complimentary consultation. At no charge to you, a member of our legal team can evaluate the circumstances of your loved one’s death and provide an assessment of your rights and options for pursuing a wrongful death claim.
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 1866-MICH-LAW and schedule your no-obligation, free case evaluation.
A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.
Oakland County, Michigan
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
Wayne County, Michigan
Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.
Tuscola County, Michigan
A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Wayne County, Michigan
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.
The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.
A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.
A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.
Brighton, Michigan; Detroit, Michigan
A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.
Bay City, Michigan
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.