Wrongful Death

Upper Michigan

Wrongful Death

Attorneys

There is nothing more painful than the loss of a loved one. The heartache and shock of the tragedy is even worse when the death is caused by the wrongdoing of someone else. Like other states, Michigan has a wrongful death statute that governs these types of claims. The statute, MCL § 600.2922, details the procedures, rights and remedies available to the estate and the beneficiaries of the deceased. After the loss of a loved one, you have enough to deal with. Our Upper Peninsula wrongful death attorneys can handle the legal issues while you focus on healing. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

What is a Wrongful

Death Claim?

Michigan’s wrongful death statute allows the survival of a claim that the deceased could have brought if he or she had survived. In other words, the claim does not die with the person. A wrongful death claim can be thought of as a filter through which an underlying lawsuit may be brought. For example, if a person dies because of medical malpractice, the personal representative of the decedent’s estate can bring a lawsuit grounded in medical malpractice. A wrongful death action includes three requirements: • A death; • The death was caused by another person’s fault, neglect or wrongful act; and • If the person who died had survived, that person would be able to bring a lawsuit and would be entitled to damages for the harm caused by the other person’s wrongdoing.

Who Files the Lawsuit and Who

Can Recover in a Wrongful Death

Action?

A Michigan wrongful death lawsuit must be brought by the personal representative of the estate of the deceased. Persons entitled to recover damages are limited to: • The spouse, children, descendants, parents, grandparents, brothers and sisters of the person who died. If none of these individuals survive the deceased, the benefits would pass to those persons to whom the estate would be distributed if the deceased died without a will. MCL § 600.2922(3)(a). • Children of the deceased’s spouse. MCL § 600.2922(3)(b). • Those persons who are devisees under the will of the deceased, except those whose relationship with the decedent violated Michigan law, including beneficiaries of a trust under the will, those persons who are designated in the will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased if there is a devise to that trust in the will of the deceased. MCL § 600.2922(3)(c).

What Damages Are Available in a

Michigan Wrongful Death Lawsuit?

Michigan’s wrongful death statute allows compensation for the following: • Funeral, burial, medical and hospital expenses. • Pain and suffering experienced by the deceased, while conscious, in between the time of the injury and the time of death. • Future earnings of the deceased. • Loss of financial support from the deceased. • Loss of the society and companionship of the deceased. MCL § 600.2922(6).

What Deadlines Apply to My

Michigan Wrongful Death Case?

As with other types of cases, there are strict deadlines that must be met. A failure to do so could jeopardize your ability to bring a lawsuit. The time to sue in a wrongful death case is not as straightforward as in other cases. This is because the allotted time (statute of limitations) depends on the underlying theory of recovery. Deadlines may also be affected by the amount of time that passes between the wrongful act and the time of death. The limitations period may also depend on the timing of the appointment of the personal representative. A Michigan wrongful death lawyer can help you meet these deadlines and protect your rights.

Contact an Upper Michigan

Wrongful Death Attorney for a Free

Consultation

The loss of a loved one can seem unbearable. Our Michigan personal injury and wrongful death lawyers can handle the legal matters and seek compensation to help you prepare for the road ahead. As we do so, we will remain mindful of the time you need to heal and grieve. If you have lost a loved one due to fault of another, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.