Wrongful Death Frequently Asked Questions.
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. When you consult with a wrongful death attorney, they will be able to tell you the appropriate category for your case.
Q: “Are the laws governing wrongful death the same in all states?”
A: Wrongful death cases are governed by civil law, which varies from state to state. This means that if your loved one was killed in one state while living in another, careful consideration should be given to which state is the best choice for the filing of your claim. Each state has different statutes determining limitations as well as the applicable types of damages that may be awarded. If you are considering filing a wrongful death claim, the advise of a wrongful death lawyer familiar with the laws of the state in question will be invaluable to making the right decision.
Q: “What if my deceased family member never held a job?”
A: It is certainly possible to file a wrongful death claim even if the individual in question never held a job. Many individuals contribute to a family in valuable ways that are not necessarily financial. A housewife is a good example for this type of victim. She does not contribute financially to the family, but her contributions of services, such as love, guidance, nurture and maintenance of the household are valuable contributions which can be measured and given an assessed value of worth. As such, they are valid for pecuniary settlements.
Q: “Can I sue for the pain and suffering my loved one endured before they died?”
A: Yes. The family of a victim of wrongful death may often be awarded compensation for the pain and suffering endured by the victim before he or she died.
Q: “What if my lost loved one was a young child or elderly?”
A: Wrongful death lawsuits can be brought on the behalf of children and the elderly. Unfortunately, for a variety of reasons, the damages awarded in such cases are usually small. The courts award compensation in wrongful death cases based partially on earning potential and measurable contribution to the family, so a child who has never held a job or a retired elderly person will be considered less financially important to the family as a whole.
A wrongful death attorney will be able to answer all of your questions regarding your wrongful death personal injury claim. Wrongful death lawyers like Mayer Gordon have years of training and experience behind them and know the most effective and cost efficient ways to protect the interests of the families left behind by wrongful death victims. If you have lost a loved one, do not hesitate to call the Mayer Gordon law firm for a complimentary consultation with a wrongful death attorney.
