The last experience anyone wants to have is the sudden death of a loved one. Most people hope for the maximum amount of time possible with their family members. Unfortunately, tragedies occur every day across Michigan that forever change the lives of those left behind.
Car crashes, sudden product failures and numerous other incidents can result in people dying prematurely. In some cases, those situations are truly unpredictable and unpreventable tragedies. However, many premature deaths are preventable with proper care and legal compliance.
Other people or a business can be responsible for an individual’s sudden death. The surviving family members of the deceased party may want to pursue justice after their tragic loss by filing a wrongful death lawsuit. People who understand the three rules below can more effectively evaluate whether they are in a position to file a wrongful death lawsuit.
The situation must meet statutory standards
The wrongful death statute in Michigan is very clear. Legal action is only possible in specific scenarios. Generally speaking, the plaintiffs filing the lawsuit must have proof of wrongful acts, negligence or fault. Misconduct typically entails any kind of lawbreaking. Drunk driving might constitute legally actionable misconduct. Negligence involves either engaging in unsafe behaviors or failing to take necessary actions for safety when there is a duty of care. The party at fault may be liable for economic and non-economic losses after causing a tragedy.
Only one party can file the lawsuit
While many people may feel the impact of a tragic situation, the law usually only allows for one wrongful death lawsuit. The personal representative of the deceased person’s estate may file the lawsuit. If they are successful, then immediate family members of the decedent can receive some of the damages awarded by the courts.
Survivors must take action quickly
Those grieving a tragedy may need to communicate with one another and with the personal representative of the decedent’s estate early about their concerns. They may need to take action by initiating a wrongful death lawsuit before they have fully healed from their grief. In Michigan, there’s a three-year statute of limitations that applies. In all but the rarest of situations, litigation becomes impossible once more than three years have passed since the date of the death.
Those who understand the rules that apply to wrongful death lawsuits can make use of the laws in place for their protection. Filing a lawsuit against an individual or business can provide financial relief and possibly a sense of closure to those left behind after a tragedy.