Types Of Claims And Recoverable Damages In Wrongful Death Cases
Losing a loved one in an accident as a result of another person’s negligence can have an overwhelming impact on spouses, children, relatives, and friends of those taken away so tragically and unexpectedly. In some cases, families are forced to spend tens of thousands of dollars on medical expenses and funeral costs while dealing with lost wages and various other financial burdens moving forward.
If your loved one lost their life in a preventable accident, it is crucial that you reach out to our lawyers at Vahdat Weisman Law. You may have legal options available to help you get the justice you deserve and the compensation you need moving forward.
Compensation That May Be Obtained
After establishing that the defendant is legally liable for the death of the deceased, claimants are entitled to seek compensation for various damages they are forced to endure in the aftermath of the victim’s loss of life. Courts throughout our state are able to award monetary damages for a number of financial burdens that the entitled parties face, including compensation for:
- Medical and hospital costs
- The costs of funeral services and burial arrangements
- The pain and suffering endured by the deceased during their final moments
- The lost wages and income, including the value of future lost wages and income the deceased would have earned if they had lived
- The costs related to property damages resulting from the accident
- Pain and suffering suffered by family members resulting from the death
- The loss of consortium, companionship and loss of care
If damages are provided to claimants in the state of Michigan, the laws surrounding wrongful death claims state that all burial expenses, and funeral, medical, and hospital expenses are paid from the awards provided. The remaining damages are then split between all entitled parties.
Common Types Of Wrongful Death Lawsuits
In Michigan, a death is considered wrongful if it is caused by the wrongful acts, fault or negligence of another party. The broad definition provides legal options for surviving relatives who have suffered under various circumstances. Wrongful death lawsuits are civil cases, which means they can be filed by family members after a death.
Although monetary damages can be awarded, families are unable to ensure those at fault for the death of their loved one face jail time, probation or any criminal consequences for their actions. It is important to note, however, that a criminal case does not prevent an entitled party from filing a wrongful death claim in civil court. Wrongful death lawsuits can be filed in the aftermath of various types of accidents, including deaths caused by:
- Auto accidents: More than 800 people lose their lives each year in car accidents in the state of Michigan. The majority of these accidents are a result of another motorist’s negligent or reckless actions. Drivers who speed, operate vehicles impaired, engage in reckless actions and are not mindful of others can cause life-changing collisions.
- Workplace accidents: Around 15 people lose their lives each day in the United States. Although fatal accidents on the job can occur for a variety of reasons, several types of accidents account for the majority of these deaths.
- Premises liability: Slip-and-fall accidents account for roughly 15% of all accidental deaths in the United States. When property owners are negligent, it can have fatal consequences for others. Property owners are required to provide safe premises for guests. Their failure to do so makes them liable for any resulting injuries, damages or death sustained by guests.
- Pedestrian accidents: Pedestrians are without protection against the impact of motor vehicles, which means they are at an increased risk of suffering catastrophic and fatal injuries in accidents.
- Nursing home neglect: Thousands of families across Michigan utilize nursing home facilities for the care of their sick and elderly loved ones. Although these facilities are generally reliable, there are numerous instances where patients are neglected.
- Fires: More than 3,500 people lose their lives in fires throughout the United States each year. Fires are often caused by negligence but can also be a result of faulty wiring, defective appliances and a variety of other circumstances.
- Product liability: Whether someone purchases a tool to build something, a chair to sit in or a car to drive, we all make purchases with the expectation that the product is going to function safely and as intended. Instead, more than 20,000 people are killed each year by defective and malfunctioning products in the United States.
- Birth injuries/medical malpractice: Although we depend on medical professionals to provide trusted and competent care for us and our loved ones, they fail to do so at an alarming rate. When victims lose their lives as a result of medical malpractice, it is crucial that their families seek legal assistance immediately.
Let Our Compassionate Team Help
Working with a Michigan wrongful death attorney at Vahdat Weisman Law will help you better understand what to expect while filing a wrongful death claim after experiencing a tragic loss. Contact our law firm today to schedule a free consultation. Call our office at 877-903-7401 or contact us online.