Death Claims and Wrongful Death
Collect damages for wrongful death of a relative. Our wrongful death lawyer in Detroit or wrongful death attorney in Detroit can help
A wrongful death occurs when a person is killed due to the negligence or misconduct of another person. An auto, plane or truck accident, medical malpractice, job hazard, or similar event may be the cause of a wrongful death.
The elements necessary for a wrongful death include the death of a human being caused by another’s negligence; the survival of family members who are suffering monetary injury because of the death; and the appointment of a personal representative for the dead person’s estate.
Free consultation with a wrongful death lawyer in Detroit or a wrongful death attorney in Detroit
If you believe you are entitled to a wrongful death claim let Cochran, Kroll & Associate’s Michigan wrongful death attorney or wrongful death lawyer in Michigan fight for your rights. There is no obligation for case evaluation and no fee is charged unless a recovery is made. Click here for a free consultation with our Michigan wrongful death attorney or wrongful death lawyer in Michigan or by calling 866-868-3779 and asking for Terry Cochran or Eileen Kroll.
More about wrongful death cases and how our accident lawyer in Michigan can help
Michigan’s wrongful death statute provides a family member must bring the cause of action against the person causing the death of the family member. A Personal Representative of the estate must be appointed and that individual has an obligation to retain an accident lawyer in Michigan or an attorney in Michigan, to open an estate, and to initiate a cause of action. The Personal Representative also is responsible for sending to all family members a copy of the complaint filed to family members who may share in a judgment if a settlement is reached.
In the distant past, there was not a legal basis for wrongful death claims. Under “common law” a wrongful death claim does not exist as it was reasoned that the claim died with the victim and surviving family members could not claim damages from the person who caused the death.
To correct this injustice, the Michigan Legislature adopted a wrongful death statute that allows a Personal Representative to seek recovery of damages. A monetary award may be sought for damages such as: medical and funeral expenses; loss of future earnings; loss of pension or medical insurance; loss of inheritance caused by the untimely death; pain and suffering or mental anguish experienced by family members; loss of care, protection, and companionship.
Family members recognized by Michigan law include the deceased’s spouse, children, parents, grandparents, brothers or sisters. In none of these relationships are among the survivors, the Personal Representative with a right to action might be the person to whom the estate of the deceased will pass.
The wrongful death statute does include specific deadlines for notices to be filed for discovery of evidence and other legal matters. It is important, therefore, for family members considering a wrongful death lawsuit to consult an attorney as soon as possible so that justice is not denied because time limits are not met.
Likewise, family members entitled to a share of a settlement must file their claim to the Personal Representative within designated time limits for forfeit their right to a share.
Let us help you
If you believe someone in your family has been the victim of a wrongful death, let Cochran, Kroll & Associates fight for your rights.
The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.