When someone dies because of another person’s actions or neglect, a wrongful death claim may be filed in court. If it can be proven that an automobile accident, workplace injury, or treatment after an arrest resulted in someone’s death, then an attorney may file a wrongful death lawsuit. Only certain people can file a claim, and there is limited time allowed to pursue a case.
Who Can File?
When someone has died due to someone else’s negligence, then the deceased person’s estate or a family member can file a wrongful death claim. Under wrongful death law in Troy, MI, a wrongful death claim can be filed by:
• Spouses of the deceased
• Children of the deceased, including children of spouses
• Parents of the deceased
• Grandparents of the deceased
• Anyone left property by the deceased
If the victim did not have a will or these relatives are not alive, then anyone who inherits the deceased’s estate can file a lawsuit.
Time Limits
While there isn’t a statute of limitations for filing claims under wrongful death law itself, the limitations are based on the underlying cause of death. For instance, if an attorney is claiming someone’s negligence resulted in the deceased’s death, then the lawsuit has to be filed within three years of their death. However, there may be some cases that trigger a time extension of up to two years.
Awarded Damages
There are several damages eligible to be awarded to family members or the deceased’s estate under wrongful death law, including:
• Medical expenses
• Funeral and burial expenses
• Loss of wages, including future loss of wages.
• Pain and suffering experienced by the deceased
• Damages to property
• Pain and suffering of family members
• Loss of care, companionship, and other benefits received from the deceased by their family members
The death of a loved one is tragic, but if you feel it was caused by someone else’s neglect, then contact us about pursuing a wrongful death claim.
