Providing Aggressive Legal Representation to Help Families Receive the Justice They Deserve
It is never easy to lose a family member, but when they die as a result of another person’s negligence, it is almost too much to bear. Michigan law allows families of wrongful death victims to seek compensation for medical bills the victim incurred as a result of their fatal injury, funeral and burial expenses, and pain and suffering endured by the decedent before their death.
Sadly, insurance companies will often attempt to avoid paying out a large claim by trying to blame the victim for causing the fatal accident. However, our Pontiac wrongful death attorneys are accustomed to the unscrupulous tactics that insurers often use to try and deny or undervalue claims.
Our law firm is committed to helping families recover compensation and holding the negligent party responsible for their actions.
Our well-qualified Pontiac personal injury attorneys have extensive experience handling wrongful death cases. If you have lost a loved one due to someone else’s negligence, contact the Bashore Green Law Group law offices to schedule a free consultation today to discuss your case and potential legal options.
What are the Most Common Factors That Contribute to Wrongful Death?
Just as with any accident, fatal injuries may occur for any reason. However, state law defines wrongful death as when an individual dies due to negligence or an intentional action meant to cause harm to the victim.
Some of the most common injuries that lead to wrongful deaths include:
- Truck accidents.
- Pedestrian accidents
- Bicycle accident
- Medical malpractice
- Nursing home abuse
- Construction accidents
- Fires and explosions
- Recreational accidents
However, even though many other circumstances may contribute to a victim suffering fatal injuries, motorcycle and car accidents are the deadliest in terms of contributing to wrongful death in Pontiac, MI.
In many cases, excessive speeds or motorists driving under the influence are cited as reasons why fatal accidents occur. If you have lost a family member due to wrongful death, contact our law firm and ask to schedule a meeting with a highly trained Pontiac wrongful death attorney who will assess your case.
Who Can File a Wrongful Death Lawsuit in Michigan?
Michigan law stipulates that a wrongful death lawsuit must be brought by the executor or personal representative of the decedent’s estate. Probate proceedings must begin, and one must be appointed if there is no preassigned personal representative.
In most instances, a family member is appointed as the personal representative; however, depending on the circumstances, a non-family member could be appointed to file a wrongful death claim. In most instances, a probate judge will only appoint a non-family member when the family cannot agree on who should be appointed.
At this point, the personal representative is free to hire a wrongful death attorney to file a lawsuit on behalf of the victim. A wrongful death lawsuit is the equivalent of the victim filing a personal injury claim had they survived their injuries.
Although the personal representative files the wrongful death suit, it is meant to provide benefits to the decedent’s survivors. Qualifying surviving relatives include:
- Spouse
- Children
- Parents
- Grandparents
- Stepchildren
- Beneficiaries named in the deceased’s will.
If you need more clarification about who qualifies to file a claim, consult an experienced wrongful death lawyer who can answer your legal questions.
What Types of Damages Can Be Recovered in a Wrongful Death Case?
State law allows families to seek compensation if their loved one passes away due to another person’s negligence.
Some of the damages that a family may be able to recover include:
- Reasonable funeral costs
- Burial expenses
- Medical expenses incurred by the decedent due to their fatal accident.
- Lost wages
- Loss of potential earnings
- Compensation for pain and suffering the decedent endured before their death caused by negligence.
- Loss of financial support for the family.
- Loss of consortium, including comfort, love, and companionship.
- Services the decedent would have provided, such as guidance, protection, and household duties.
Regardless of whether your loved one died as a result of a truck or car accident or other factors that played a role in their death, due to complexities in the Michigan legal system, you must have an experienced attorney who will protect your rights.
Contact our Pontiac area personal injury attorneys to help your family seek justice and compensation for the untimely death of your loved one.
How Long Does My Family Have to File a Wrongful Death Claim in Michigan?
Michigan allows family members up to three years to file a wrongful death lawsuit after their loved one’s death. However, state law is strict regarding the three-year statute of limitations, and families who fail to file within the prescribed time limits may lose their ability to file a claim.
If you file a claim after the three-year time limit has expired, the court will most likely refuse to hear your case, which will be thrown out. Even if you had a valid claim with supporting evidence, failing to file on time can cause you to lose all legal recourse to recover compensation.
Although three years may seem like a long time, obtaining evidence to support the claim, such as medical records and accident reports, may take time.
For this reason, if you have lost a loved one, you must speak with a qualified Pontiac personal injury attorney immediately, who can help you file a wrongful death claim to try and recover maximum compensation. Contact Bashore Green Law Group for more information about how we may assist you.
Why Should I Trust Your Pontiac Wrongful Death Lawyers to Help Me File a Claim?
At Bashore Green Law Group, our Pontiac personal injury lawyers understand that no amount of compensation can take away the pain and suffering associated with losing a family due to negligence.
However, often, the only way to hold the other party responsible is to file a wrongful death claim to try and recover financial compensation.
As a result, our legal team is dedicated to helping clients hold the liable party responsible and help your family receive the justice they deserve.
Due to the complex nature of wrongful death claims, it is always best to speak with an experienced attorney to protect your rights.
If you have lost a loved one due to wrongful death, We have the resources to investigate your case and are fearless when it comes to standing up to big insurance companies if they try to deny the claim. We can call on expert witnesses and accident reconstructionists to build and strengthen your case if necessary.
Finally, we can handle all of the communications and negotiations with the insurance company so that you and your family can focus on trying to recover from the loss of your family member.
Contact Bashore Green Law Group at 248-838-0635 to schedule a free consultation so that we may assess your case and determine what legal strategies may suit your needs.