At-A-Glance Overview of Wrongful Death
Q: “What if the victim dies before completing their personal injury case?”
A: The status of a personal injury case after the victims death will depend on the cause of death. If the injuries sustained in an accident result directly in the victim’s death, the victims surviving immediate family members or heirs may seek compensation through a wrongful death lawsuit. In most cases, if an individual causes the untimely death of another person, the victims spouse, children, and in some cases dependants of other types may file a wrongful death lawsuit, through which they will seek to collect compensation for medical expenses, funeral costs, loss of consortium and income, and in some cases the loss of protection, love and support of a parent or spouse. Your wrongful death attorney can explain how the laws of Michigan will apply in your case if you have lost a cherished loved one.
If a loved one was injured in an accident and died of unrelated causes before the resolution of their claim, the claim will in most cases survive. If the case is deemed viable, the executor of the deceased individuals will or their personal representative are the only persons permissible by Michigan law to pursue the personal injury or wrongful death claim on behalf of the deceased. Once a settlement has been reached, the proceeds will be split among the surviving family members.
Q: “What happens if an unborn fetus dies?”
A: The death of an unborn fetus is not usually grounds for a wrongful death claim. In most states, a child must be born alive to be considered for an individual wrongful death. There may be exceptions, such as if an expectant mother is killed in an accident, causing the subsequent death of her unborn child. In this case, the surviving family members could seek compensation for both the mother and child. Your wrongful death lawyer will be able to explain the laws of your state that apply to your case.
Q: “ What is the difference between a civil wrongful death case and a criminal case involving a death?”
A: In a criminal case, such as a murder or manslaughter case, the court will seek to punish an individual for a crime that resulted in the death of another. The burden of proof in a criminal case is very high, and the penalty will be a criminal sanction, or jail time.
In a civil wrongful death case, the dispute concerns a question of the reasonable care that individuals and organizations legally owe each other. Unlike a criminal case, in a civil case the penalty will generally be monetary compensation to the victim or their family.
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Wrongful Death Attorney Michigan
The wrongful death attorneys of the Wayne County, Michigan based office of Mayer Gordon are skilled litigators who fight aggressively and tenaciously on behalf of their wrongful death lawsuit clients. Their creative and persistent approach in the courtroom has resulted in numerous million dollar plus verdicts on behalf of the families of wrongful death victims. The wrongful death lawyers associated with the Mayer Gordon law team are not only skilled wrongful death attorneys, they are also compassionate individuals who sincerely care about the terrible loss suffered by the families they represent. These skilled wrongful death lawyers serve the people in Macomb County, Oakland County, Genesee County & Washtenaw County. This area includes the cities of Detroit, Dearborn, Livonia, Westland, Grosse Pointe, Mt Clemens, Warren, Pontiac, Royal Oak, Southfield, Flint, Ann Arbor and the rest of Southeast Michigan. The initial consultation with their skilled wrongful death attorneys is always free.
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Wrongful Death.
Wrongful Death
The term wrongful death refers to the untimely death of an individual directly caused by the negligent conduct of another entity, either an individual or an organization such as a company or group. Each state has a distinct set of laws or statutes that pertain directly to the issue of civil wrongful death lawsuits. Each state identifies the persons who are legally able to pursue a wrongful death claim and defines the acceptable parameters of such a case. In Michigan, a spouse or child may bring a wrongful death lawsuit, and in some cases, a parent or sibling may also bring a case. A consultation with a skilled wrongful death attorney familiar with the wrongful death laws specific to Michigan such as Mayer Gordon will be able to explain the subtleties of these laws and help you to achieve the best possible settlement to help protect and care for your surviving family members.
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Q: “How is Physician/Patient privilege affected by wrongful death lawsuits?”
The issue of Physician/Patient privilege often arises in wrongful death cases. The inherent nature of wrongful death cases tends to include medical treatment of some type. Patient confidentiality is highly protected and must almost always be waived directly by the patient. Because in wrongful death cases the patient is deceased and cannot waive their patient confidentiality, unless they did so before their death the victims attending physician is generally not permitted to disclose any information acquired while medically treating the victim. A skilled wrongful death attorney will be able to determine what medical records, if any, are required to prove your case, and will determine how to procure them if needed.
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Infant or Elderly Wrongful Death Cases.
Wrongful death cases involving an infant or an elderly person often require a very skilled wrongful death attorney. Because wrongful death cases seek a pecuniary or financial settlement which is generally based on an individuals earning power and value to the family, the wrongful death lawsuit on behalf of a child or elderly individual past retirement age will generally be awarded a smaller settlement than one on behalf of a working adult. In a court of law, the price of a human life cannot be determined by the emotional value of the deceased family member to their family, but must instead base judgment on a quantifiable value, such as earning potential. This does not mean that the loss of a child or an elderly loved one is any less painful or damaging to a family, however, and a wrongful death attorney will seek the highest possible compensation for the loss of your cherished loved one.
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Statutes of Limitations
As with any civil action, a wrongful death claim has a predetermined span of time in which the claim must be filed. The statute of limitations for every case depends on its specific details, such as when the death was discovered, how it was caused, and other factors. If a civil suit has not been brought forward within the time span allotted by the statute of limitations pertaining to that case the victims family is considered to have permanently waived their right to compensation through a settlement. There are very few exceptions to this rule. The limited time associated with filing a civil lawsuit should encourage a decedents family to seek legal counsel from a wrongful death lawyer as soon after their loved ones death as possible.
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Settlements and Damages in Wrongful Death Cases
Many individuals or entities may contribute to a wrongful death, making wrongful death cases some of the most complicated and delicate personal injury claims in the United States. These complicated cases are often settled out of court, however, due to the social stigma of causing a death and most defendants desire to avoid a public trial.
Wrongful death cases involving more than one defendant might be settled in a combination of ways, including both in court and out of court settlements. If a plaintiff settles with one defendant out of court, and then a judge or jury awards them a settlement against another defendant in court, the in court-settlement will be reduced by the amount of the out-of-court settlement.
In wrongful death cases, once a settlement has been reached with one defendant, or a defendant has been released of culpability, the other defendants in question cannot be held accountable for the released defendants portion of blame.
The complicated laws pertaining to wrongful death cases can be a challenge for attorneys who are unfamiliar with them. If you have lost a loved one, it is important to seek the council of a wrongful death attorney who is a skilled negotiator and litigator who will be able to represent your families best interests both in and out of the court room.
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