Wrongful Death Lawyers Muskegon

Who Can File a Wrongful Death Claim

When a loved one’s life is tragically cut short due to another’s negligence, certain individuals are legally entitled to seek justice and compensation through a wrongful death claim. In Michigan, those eligible to file include:

• The surviving spouse of the deceased
• The children of the deceased, whether biological or adopted
• The parents of the deceased, if the deceased was unmarried and had no children
• The grandparents of the deceased, if the deceased had no spouse, children, or parents
• The siblings of the deceased, if there are no closer relatives
• Other individuals named in the will of the deceased 

It’s important to note that the claim must be filed by a personal representative of the deceased person’s estate, often a family member or someone appointed by the court. Eligible family members must be notified within 30 days of filing the claim, ensuring transparency and allowing them to participate.

What Damages Are Available in a Michigan Wrongful Death Case 

In a wrongful death case, there are various types of damages you can recover, depending on the circumstances. These damages aim to compensate you and your family for the losses you’ve suffered. While no amount of money can truly replace your loved one, it can help ease the financial burden and provide a sense of justice.

Economic Damages

• Hospital, Medical, Funeral, and Burial Expenses – cover the costs associated with the medical treatment of the deceased before passing, as well as the expenses related to funeral and burial
• Lost Wages and Income – compensate for the income the deceased would have earned, including future earning potential
• Costs Related to Damaged Property – awarded for the repair or replacement of any property damaged in the incident that caused the death

Non-Economic Damages

• Pain and Suffering (Deceased) – acknowledges the physical and emotional pain the deceased might have experienced prior to death
• Pain and Suffering (Family Members) – recognizes the emotional distress and grief experienced by the surviving family members of the deceased
• Loss of Care, Companionship, and Other Intangible Benefits – accounts for the loss of love, support, guidance, and other non-financial contributions the deceased provided

Remember, these damages are only awarded if the court determines that the defendant is legally liable for the death. Proving liability requires demonstrating that the negligence or wrongful actions of the defendant directly caused your loved one’s passing.

If you believe you have a wrongful death claim, it’s essential to consult with a competent wrongful death attorney. Shafer Swartz PLC is here to help you build a strong case and fight for the maximum compensation you and your family deserve.

Is There a Time Limit to Filing a Wrongful Death Lawsuit

Under Michigan law, you must file a wrongful death claim within three years of your loved one’s passing. Failing to file your claim within the three-year window bars your case from ever being heard in court, meaning you won’t be able to hold the responsible party accountable or pursue compensation for the loss your family has endured.

Get the Justice Your Loved One Deserves

Losing a loved one is an unimaginable tragedy, and when that loss is due to someone else’s negligence or wrongful actions, the pain is compounded. If you’re looking for compassionate and dedicated legal representation in Muskegon, Shafer Swartz PLC is ready to fight for you. Let our seasoned wrongful death lawyers in Muskegon be your advocates and help you get the justice your loved one deserves. Contact us today to schedule a consultation.