Families may want to maximize how much compensation they pursue, and they may want to create more consequences for the party responsible for their loved one’s death. Punitive damages are a form of financial penalty imposed in some wrongful death and personal injury cases.

Does Michigan permit families to request punitive damages in wrongful death lawsuits?

Exemplary Damages May Be Available

Michigan does not allow plaintiffs in wrongful death lawsuits to request punitive damages. However, the law does allow for exemplary damages instead. Michigan treats exemplary damages as a type of actual damages suffered by the surviving family members.

Some states use the term exemplary damages in a changeably with punitive damages. In Michigan, exemplary damages actually have a different meaning. They are not a punishment for the defendant in a wrongful death lawsuit. Instead, they are a form of compensation for the parties affected by the despicable conduct of the defendant in the lawsuit. Typically, families would need to show that the defendant acted out of malice, intentionally deceived others or was blatantly reckless. If the courts agree to a request for exemplary damages, that could significantly increase the value of the lawsuit.

Ultimately, requesting exemplary damages requires additional evidence and special circumstances but can increase compensation for the plaintiffs and consequences for the defendant, if awarded.

In Michigan, wrongful death is death by “the wrongful act, neglect or fault of another person.” Another person was responsible for the death of the person you love. You can hold them accountable for their negligence, but the burden of proof will fall on you. You would need to prove all the elements of a wrongful death claim.

What are the elements you must prove?

Let us say your loved one died because a doctor failed to provide them with a medical standard of reasonable care. They misdiagnosed your loved one or did not conduct the necessary tests to detect the illness. They might have prescribed the wrong medication or performed a botched surgery. They were negligent and breached their duty to your loved one, and it caused the eventual death of your loved one.

You must prove the death directly resulted from their negligence or wrongful actions. These are the four elements that you would need to satisfy before you can pursue a wrongful death claim:

• The liable party had a duty of care to your loved one.
• The liable party breached their duty through negligence or wrongful actions.
• The breach of duty directly caused injury or more damage that eventually led to death.
•  You or your loved one incurred economic and/or noneconomic damages as a result.

Technically, we all have a duty to avoid hurting others. A driver should drive with reasonable care to prevent accidents. Speeding and texting while driving are examples of negligent behavior. A property owner must keep their property safe so visitors and guests are not in unnecessary danger. Otherwise, the victim could pursue a premises liability claim against the owner.

A wrongful death lawsuit is a personal injury lawsuit

A personal injury lawsuit is when a victim sues a negligent party for causing them to sustain injuries and damages. However, because your loved one is no longer alive to recover justice for the damages, it becomes a wrongful death lawsuit, and you pursue the personal injury claim on their behalf. Michigan laws give the surviving spouse, immediate family or personal representative the legal right to make the liable party pay for their transgressions.

When people pass away from old age, it gives families time to prepare for the death and can help ease some of the pain. However, families do not have this time to prepare when loved ones pass away in fatal accidents. Families need to suddenly figure out how they will move on without the support, both emotionally and financially.

Potential Damages in a Wrongful Death Lawsuit

If the fatal accident was the fault of other people, the families may be able to at least recover some of their financial loss through a wrongful death lawsuit. Through these lawsuits, the family can recover the costs for medical care, funerals and burials of the loved one. They may also be able to recover damages for any pain and suffering prior to the loved one’s passing.

They can also receive compensation for the future financial loss of the family due to the loved one’s death. They may be able to receive compensation for the future income the loved one would have earned if they had not died. This can also include money the family spends because they now need to pay for services the loved one used to provide. Additionally, they may be able to receive compensation for the loss of companionship they would have received if the loved one had not died.

People in Michigan hope that they will be able to grow old with their loved ones. However, there are many unexpected events throughout people’s lives and unfortunately that can include losing loved ones in fatal accidents. It is important that families receive the compensation they deserve while holding the responsible party accountable for their actions. Experienced attorneys understand the difficulties associated with these matters and may be a useful resource.

Under these types of circumstances, some families find themselves weighing the potential option of pursuing a wrongful death lawsuit. These legal considerations can put even more of a burden on families who are already grieving, but the potential help that an ultimate financial recovery might achieve in such a case is usually worth the time to consider.

For example, surviving family members may face thousands of dollars – or more – in funeral expenses. Or, there may even be medical bills for treatment before the family member’s death. And, in many cases, the income lost from what the deceased family member would have earned can be devastating to family finances.

Pursuing Financial Recovery

In many wrongful death cases, pursuing financial recovery for these bills and lost income is a viable option. Of course, nothing can take away the pain a family feels after the unexpected death of a loved one, but pursuing a wrongful death claim may lead to the type of financial recovery that can at least help with the financial aspects of the situation. For more information, please visit the wrongful death overview section of our law firm’s website.

If you do decide to file a wrongful death suit, across the United States, including in Michigan, it will be a civil suit. Most civil claims come under tort law, which is driven by the concept that the wrong that a person experienced is made right. If the other party has caused you a loss, a civil lawsuit is intended to compensate you for that loss.

Wrongful Death Lawsuits Can be Emotionally and Technically Difficult

Most likely, filing a wrongful death lawsuit may be one of the most emotionally difficult things that you ever do. You are already feeling extreme loss and now you have to deal with feeling conflicted about placing a monetary value on that loss. That is completely understandable from an emotional perspective; however, from a practical perspective, you and your other family members may really need the compensation to survive.

If you were dependent on your loved one, you will need compensation to put you in a better position to be able to handle the long-term reality that you will experience because of the loss of your loved one who can no longer provide for you. In addition to financial support, you were probably also used to your loved one’s consistent companionship. Having the support of a knowledgeable lawyer can make all of the difference to you. Sound advice can put you on the right path so that you receive what you need and what you deserve.

Reports from authorities show that a crash involving motor vehicles occurred on Pontiac Trail near Six Mile Road. The accident blocked the roadway and caused delays throughout the area that extended past midnight.

One person involved in the crash was fatally injured. The victim was pronounced deceased at the scene.

At this time, investigations surrounding the accident are underway.

We would like to offer our deepest condolences to the family of the victim who lost their life in this accident. Our thoughts are with them at this time.

Fatal Car Accidents in Michigan

Every year, thousands of people are involved in crashes throughout the state of Michigan. Although we hope everyone is able to recover from their injuries, this is not always the case. Motor vehicle accidents in Michigan claim the lives of more than 800 people each year. These accidents are often preventable, yet we continue to see the devastating outcome that families are forced to endure. In numerous cases, victims are fatally injured in accidents as a result of another person’s driving. In fact, speeding, reckless driving behaviors, driving impaired, and disregarding traffic control devices are some of the leading causes of car accidents in Michigan and across the United States.

When accidents claim the lives of innocent victims, their families are often able to explore legal routes to retain compensation to help alleviate some of the costs they face moving forward. In Michigan, certain entitled parties can retain the guidance of a wrongful death attorney Michigan to file claims against those at fault. In many cases, families are forced to spend tens of thousands of dollars on funeral expenses, burial costs, and go without wages they have grown to depend upon. Dealing with the unexpected costs after the loss of a loved one can be overwhelming. For this reason, families are able to file legal claims against at-fault parties to hold them accountable for their actions.

The Michigan car accident attorneys at Vahdat Weisman Law strive to help our clients move forward after losing a loved one in the best way imaginable. Although there is truly no amount of compensation that can take away the pain and suffering surviving relatives are forced to endure, having the financial resources necessary to alleviate the financial burdens moving forward can eliminate some of the stress they face. Contact our full-service personal injury law firm in Dearborn, Michigan by calling (734) 469-4994 at your earliest convenience to see how our team can help you. Our attorneys are available to discuss the circumstances of your case and help you get the justice and compensation you need and deserve after the loss of a loved one.

Note: Our team of writers with Vahdat Weisman Law, utilizes secondary sources when compiling the facts surrounding this accident. These secondary sources include but are not limited to the following: Local news broadcasts, Newspaper stories, Local Police Reports, State Police Accident Reports, Social Media Platforms, and eyewitness accounts.  Our team has not independently verified the facts surrounding this accident.  If you see any information that is not correct, please contact our firm right away so that we can update the post with the most accurate information available. If you would prefer that the story be removed from our site, please let us know and we will accommodate the request ASAP. 

Disclaimer: The lawyers at Vahdat Weisman Law have worked hard through the years to become well-respected members of the local business community.  We hope that these accident news posts will remind the residents of Michigan to slow down and use an abundance of caution when operating a motor vehicle in an effort to avoid being involved in a serious accident. This blog post is not meant to be a solicitation for business. This post should not be misconstrued as legal or medical advice. The photo shown in this post is not taken from the actual accident scene.