If your loved one recently passed away in the state of Michigan, depending on the circumstances of their death, you may want to pursue a wrongful death lawsuit. Here are four things you need to know before going forward with a wrongful death lawsuit.
What Is A Wrongful Death Lawsuit?
You can file a wrongful death lawsuit if you believe that your loved one's passing was caused directly by the negligent actions of someone else. In order to determine if what happened to your loved one would make a strong wrongful death case, it is best to consult with an attorney who specializes on wrongful deaths about the specifics of your case.
Who Can File A Wrongful Death Lawsuit?
In the state of Michigan, only immediate family members can file a wrongful death lawsuit. However, before that can happen, a probate estate has to be started on behalf of your loved one. Once the probate estate is started, someone then has to be appointed to be a personal representative of your loved one's estate. This is generally a family member, although it may also be a close family friend. Whoever is then appointed the personal representative of your loved one's estate is responsible for filing the wrongful death lawsuit.
What Can You Be Compensated For Through A Wrongful Death Lawsuit?
If you or your immediate family pursue a wrongful death lawsuit, you will need to decide the exact items you wish to be compensated for. There are a variety of things that you can pursue compensation for, ranging from funeral expenses, medical bills, lost future wages to pain and suffering.
An experienced attorney, who knows the particulars of your case, can let you know exactly what you can pursue based on the circumstances surrounding your loved one's death.
Is There A Limit To When A Wrongful Death Suit Can Be Filed?
You need to take timely action if you want to pursue a wrongful death lawsuit. The clock starts on the day your loved one passed away; from that point forward, you have three years to file a claim. After three years has elapsed, if you have not already filed a wrongful death lawsuit, you will no longer be able to do so in the state of Michigan.
This is the same statue of limitation that applies to all personal injury lawsuits in the state of Michigan based on Section 600.5805 of Michigan state laws.
If you feel that someone was responsible for a loved one's death, you need to contact a wrongful death attorney and let them know the specifics of your case. They can advise you on how best to move forward. For more information about your state's laws, contact a local lawyer like Dunbar & Dunbar.Share