When someone dies or is killed due to negligence or misconduct, the members of the victim’s family can sue for wrongful death. A great number of wrongful death law suits follow and unsuccessful attempt to find guilt in a criminal court, the same evidence is applicable but as the case is civil rather than criminal, the standard of proof is lower. Many people will remember the O.J. Simpson case, he was found not guilty of murder but in a subsequent civil trial he was found guilty of wrongful death. In a criminal action guilt must be proven “beyond a reasonable doubt,” a wrongful death attorney in Michigan only has to prove the accused was responsible.
When can a claim be made?
When a victim who would have had a personal injury claim is killed through negligence or a willful act then a wrongful death suit can be made.
Intentional: The O.J. Simpson case noted above is a perfect example of an intentional act that resulted in death
Medical malpractice: if a doctor fails in his or her duty of care to a patient and the patient dies as a result, a wrongful death suit can be brought against the medical practitioner
Negligence: If a person dies as the result of an accident resulting from negligence on the part of another person or entity, a wrongful death claim can be made
Who files the claim?
A representative of the estate of the deceased will engage the services of a wrongful death attorney in Michigan; the representative can be a family member.
A spouse can institute the action on behalf of his or her deceased partner; parents of minor children can do the same in the event a child is killed.
The damages that the claimant may be able to receive include medical expenses, funeral expenses, loss of the deceased’s income, loss of companionship and compensation for the deceased individual’s pain and suffering prior to death.
If a loved one died as a result of a willful act or a negligent act you may have grounds to sue for wrongful death. A case of this nature is complex; you will need to hire an experienced wrongful death attorney in Michigan. If you believe you have a case, you are invited to contact website.
