Losing a loved one is immensely devastating, even more tragic when the death could have been prevented. In such situations, families often seek justice through wrongful death lawsuits. These legal actions are designed to hold responsible parties accountable for their actions or negligence, offering a sense of closure and, in some cases, compensation for the surviving family members.
While these cases are primarily about pursuing justice for the deceased, understanding the financial outcomes is important for those left behind. If you’re one of those wondering who gets the money in a wrongful death lawsuit in Michigan, let our experienced Grand Haven personal injury attorney provide the answers you’re looking for, guiding you through the legal process.
Legal Framework and Eligibility
As defined under Michigan law, wrongful death refers to a situation where a person dies due to the negligence or intentional act of another individual or entity. Such cases can occur in a wide range of circumstances, including car accidents, medical malpractice, construction incidents, and more.
Wrongful death lawsuits are founded on the principle that the at-fault party should be held accountable for the losses and suffering they caused. While no amount of money can truly compensate for the loss of a loved one, these lawsuits recognize the far-reaching financial and emotional impacts on the surviving family members.
The person eligible to file a wrongful death lawsuit in Michigan isn’t automatically a spouse, child, or parent of the deceased. Instead, the person filing must be the named personal representative, also called an executor, of the deceased person’s estate, often nominated in a will or appointed by a probate court if there is no will.
Distribution of Damages: Who Gets the Money in a Wrongful Death Lawsuit
The outcome of a wrongful death lawsuit can provide surviving family members with much-needed financial assistance. However, it’s essential to understand how this compensation is distributed. Michigan law establishes a prioritized order for distributing damages recovered in a wrongful death lawsuit. Here’s the general hierarchy:
- Spouse. The spouse of the deceased is typically the primary beneficiary of the damages awarded in a wrongful death lawsuit, including both economic and non-economic damages.
- Children. If the deceased had children, the spouse and children may share the damages, with the court considering factors such as the children’s age and financial needs.
- Parents and Other Dependents. In the absence of a spouse or children, parents, grandparents, siblings, or other individuals who were financially dependent on the deceased may be eligible for compensation.
The exact distribution, however, depends on certain factors, such as the degree of financial dependence and the relationship between the deceased and the surviving family members. For example, if the deceased was married and, at the same time, the primary breadwinner of the family, the spouse is usually entitled to a larger share of the damages to compensate for the loss of support and financial stability.
Similarly, minor children who were dependent on the deceased may receive a substantial portion of the damages to ensure their well-being and future security. In cases where the deceased was unmarried or had no children, the distribution of damages may be divided among other eligible family members.
Compensatory Damages: Understanding the Financial Recovery
In a wrongful death lawsuit, the primary goal of a Grand Haven personal injury attorney is to secure compensation for the victim’s loved ones. Let’s explore specific types of compensatory damages often sought in wrongful death cases.
Economic Damages
Economic damages cover the tangible financial losses incurred by the surviving family members due to the wrongful death, which include:
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- Medical Expenses – any medical bills related to the treatment of the deceased’s injuries prior to death
- Funeral and Burial Costs – expenses associated with the funeral arrangements and burial or cremation of the deceased
- Loss of Financial Support – lost income and financial support that the deceased would have provided to family members
Non-Economic Damages
Non-economic damages address the intangible losses that cannot be easily quantified in monetary terms, such as:
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- Pain and Suffering – both the physical and emotional pain the deceased person experienced before death
- Loss of Companionship – the loss of affection, support, companionship, and guidance from the deceased
- Emotional Distress – the emotional anguish, grief, and mental suffering experienced by the surviving family members
Michigan law does not place a cap on the amount of compensatory damages available in a wrongful death lawsuit. However, the court considers many factors when determining the final amount. Working with a local personal injury attorney can help ensure all eligible damages are identified and pursued to secure the maximum compensation your family deserves.
Lawyer Up and Get the Compensation You Deserve
While Michigan law outlines a framework for wrongful death suits, determining the rightful beneficiaries and the appropriate amount of compensation can be challenging, especially without legal guidance. Disputes over eligibility, conflicting claims from family members, or unique family situations may arise, complicating the situation.
Let Shafer Swartz PLC guide you through the legal process. Our skilled Grand Haven personal injury attorneys are here to advocate for the maximum compensation you and your family deserve, ensure fair distribution of any settlement or court award, and resolve any disputes. Don’t hesitate to reach out to us at (231) 722-2444 or here.