If someone causes the death of another person as a result of negligence or a wrongful act, that person can be sued for causing wrongful death. A wrongful death claim allows the family of the victim to sue the party who allegedly was responsible for the death. In cases such as this it is normal for a representative of the estate to hire a wrongful death lawyer in Michigan to represent the interests of the surviving family members.
When is it classified as wrongful death?
If a person who otherwise would have been able to claim for personal injury as a result of negligence dies, it becomes a wrongful death claim. There are a number of things that the plaintiff and his or her lawyer must prove. Consider negligence for example, it must be proven that the defendant owed the victim what is known as “a duty of care.” If this duty was breached and it can be proven that it was the breach that directly contributed to the death of the individual and it was this death that caused the damages that are trying to be recovered.
Proving wrongful death:
To succeed in a wrongful death claim the plaintiff and his or her wrongful death lawyer in Michigan must show the following:
* The death of the person was caused by negligence or a wrongful act where the intent was to cause harm
* The survivors are facing monetary injury as a result of the death
Financial damage is usually the main measure of an award. The courts have long interpreted financial injury to include the loss of support, medical expenses; the loss of potential inheritance as well as funeral expenses.
As is true with the majority of lawsuits, few actually end up in court. A wrongful death lawyer in Michigan will usually work out a settlement with the defendant. In many cases an agreed upon settlement between the parties results in a better award than if the case went before a jury.
If you lost a loved one as a result of negligence on the part of another you should consider hiring a wrongful death lawyer in Michigan and suing for damages. For a free evaluation of your case you are invited to contact Website.
