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Criteria for a Wrongful Death Claim in Michigan

Losing a loved one is always a traumatic experience, but knowing that your loved one died in a preventable accident makes the situation even worse. When someone is killed because of another person’s careless, reckless, or negligent actions, you can seek damages in a wrongful death claim.

Filing a wrongful death claim may seem difficult, complicated, and stressful—and it is. However, you don’t have to do it alone. Help is available. But first, you need to understand the criteria for filing a wrongful death claim in Michigan. Not every case will meet the specifications, and not every person will be eligible to file.

Eligibility to File a Wrongful Death Claim in Michigan

See below for the major criteria that you must meet in order to file a Michigan wrongful death lawsuit:

When You Can File a Wrongful Death Claim in Michigan

For you to be eligible to file a wrongful death claim, your loved one must have been injured because of someone else’s negligence. If you can prove that if not for that negligent action (or inaction, in some cases), your loved one would still be alive, then you can file a claim for wrongful death.

Not every accident can be prevented, but if your loved one died because of someone’s negligence, regardless of the accident type, filing a claim may be within your rights.

Time Frame for Filing a Wrongful Death Claim

The time frame for filing a wrongful death claim in Michigan is called the statute of limitations. You must file within the time frame in order for your claim to be considered; otherwise, it may be thrown out. The statute of limitations for Michigan wrongful death claims is three years from the date of the death.

Who Is Entitled to Damages for a Wrongful Death?

Michigan law holds that the personal representative of the decedent’s estate must file the wrongful death claim, but certain family members can recover compensation from this claim. Those entitled to damages include the following:

  • The spouse and children of the deceased
  • The deceased’s parents, siblings, and grandparents
  • The spouse’s children
  • Anyone who was left property in the will of the deceased person

Speak with a Detroit Wrongful Death Lawyer

Nothing can fully take away the horror of losing a loved one, but there is a way to get justice.

Filing a wrongful death claim can serve several functions: holding those responsible for your loved one’s death to account, securing monetary compensation for funeral and burial costs, and giving you the financial resources to fill the financial void your loved one’s death will leave.

Filing a wrongful death claim in Michigan isn’t easy. It will require evidence collection, proving your case, and negotiating a settlement. No amount of money can make things 100 percent right after the loss of your loved one, but a successful claim can give you a sense of justice.

Contact David Christensen Law to discuss your case during a free case evaluation. Call 248-213-4900 or complete the online contact form at the bottom of this page.