Michigan Wrongful Death Lawyers

Why Hire Us for Your Wrongful Death Claim in Michigan?

Filing a wrongful death claim is complex and emotionally draining. You need a wrongful death attorney who understands the challenges that come with losing a loved one due to negligence. At LegalGenius, we bring compassion and dedication to every case we handle.  

• We Have a Track Record of Success in Wrongful Death Cases: Wrongful death claims involve extensive investigation, expert testimony, and tough negotiations with insurance companies. Our legal team has successfully recovered millions for grieving families by building strong, evidence-backed cases that stand up in court.  
• We Take Care of Everything While You Heal:  Grieving is hard enough without legal paperwork, insurance negotiations, and court filings. We handle every aspect of your case – investigating the incident, gathering evidence, dealing with insurance companies, and filing lawsuits – so you can focus on your family.  
• We Hold Negligent Parties Accountable:  Whether the wrongful death was caused by a reckless driver, a careless doctor, or a dangerous workplace, we fight to ensure those responsible don’t walk away without consequences.  
• We Maximize Compensation for Your Family: We pursue full compensation for medical bills, lost future earnings, emotional suffering, and loss of companionship to ensure your family is financially secure.  
• You Don’t Pay Unless We Win: Wrongful death cases are expensive to litigate, but you don’t have to worry about legal fees upfront. We work on a contingency fee basis, which means you only pay us if we win your case.    

This isn’t just another case to us: it’s about your family, your loss, and your future. We take the time to understand your story, answer your questions, and guide you through the legal process with care and respect.

What Is Wrongful Death in Michigan?

A wrongful death occurs when someone loses their life due to another person or entity’s negligence, recklessness, or intentional misconduct. In these cases, the deceased person’s family or estate can seek justice through a wrongful death claim.

Unlike criminal cases, which seek punishment through jail time or fines, a wrongful death lawsuit is a civil case focused on securing compensation for surviving family members. This means that even if the responsible party is not charged or convicted of a crime, they can still be held civilly liable for damages.  

To succeed in a wrongful death claim in Michigan, the following legal elements must be established:  

• Negligence or Wrongdoing:  A wrongful death lawsuit must prove that the person or entity responsible for the death acted negligently, recklessly, or intentionally in a way that caused the fatal incident. In some cases, wrongful death claims involve intentional acts (such as assault, homicide, or abuse) but even in these instances, a civil claim is separate from any criminal prosecution the wrongdoer may face.  
• A Direct Connection Between the Negligence and the Death: Proving wrongful death requires showing that the negligent or reckless actions directly led to the victim’s death. This means providing evidence that, had the negligent act not occurred, the person would still be alive. This element is often proven through medical records, accident reports, expert testimony, and eyewitness statements. 
• Monetary and Emotional Losses to Surviving Family Members: A wrongful death lawsuit must show that the deceased’s family members suffered financial or emotional harm due to the loss. These losses can include medical expenses incurred before death, funeral and burial costs, and lost income and benefits that the deceased would have provided.

Most Common Types of Michigan Wrongful Death Claims

Wrongful death claims can arise from a wide range of negligent, reckless, or intentional actions. Whether it’s a fatal car crash, a medical error, or an unsafe workplace, these cases hold individuals, companies, and institutions accountable for preventable deaths. Here are some of the most common causes of wrongful death in Michigan:  

Car, Truck & Motorcycle Accidents  

Fatal motor vehicle accidents are among the leading causes of wrongful death in Michigan. These crashes are often the result of:  

• Speeding, aggressive lane changes, or running red lights.  
• Texting, talking on the phone, or using in-car technology while driving.  
• Operating a vehicle under the influence of alcohol or drugs.  
• Commercial truck drivers working past legal limits, leading to deadly crashes.  

When a negligent driver causes a fatal accident, surviving family members may have a wrongful death claim against the driver, the trucking company, or other responsible parties.  

Medical Malpractice  

Patients trust doctors, nurses, and hospitals to provide proper care. But when medical professionals make preventable mistakes, the consequences can be deadly. Some of the most common medical errors leading to wrongful death include:  

Failing to detect serious conditions like cancer, heart attacks, or infections in time.  

• Operating on the wrong body part, leaving surgical tools inside the patient, or performing unnecessary surgery.  
• Prescribing the wrong drug, incorrect dosage, or harmful drug interactions.  
• Giving too much or too little anesthesia, leading to fatal complications.  

Hospitals, doctors, and healthcare providers can be held legally responsible for wrongful deaths caused by medical negligence.  

Workplace Accidents  

Some jobs come with inherent risks, but employers are legally required to provide a safe working environment. When they fail to follow safety regulations, it can lead to fatal workplace injuries, such as:  

• Construction Accidents: Falls from scaffolding, electrocution, or being struck by heavy equipment.  
• Factory and Industrial Accidents: Exposure to toxic chemicals, explosions, or machinery malfunctions.  
• Lack of Protective Equipment: Employers failing to provide safety gear, such as helmets, gloves, or breathing masks.  
• Employer Negligence: Unsafe work conditions, failure to train employees, or ignoring safety violations.  

In many cases, wrongful death claims go beyond workers’ compensation and hold third parties, such as equipment manufacturers or contractors, accountable for their role in a fatal workplace accident.  

Nursing Home Negligence & Abuse  

Families place their trust in nursing homes to care for aging loved ones, but neglect and abuse in these facilities can lead to fatal injuries. Some of the most common causes of wrongful death in nursing homes include:  

• Malnutrition and Dehydration: Failure to provide proper nutrition, leading to fatal health complications.  
• Bedsores and Infections: Untreated pressure ulcers and infections can lead to sepsis and death.  
• Falls Due To Lack Of Supervision: Many elderly residents suffer fatal injuries from falls caused by poor staffing, lack of mobility aids, or neglect.  
• Medication Errors: Giving residents the wrong medication or failing to administer essential prescriptions.  

If a nursing home’s negligence or abuse caused your loved one’s death, you may have a wrongful death claim against the facility.  

Defective Products  

Manufacturers have a legal responsibility to produce safe products. When dangerous or defective items make it to market, they can cause fatal injuries. Wrongful death claims related to defective products often involve:  

• Faulty Medical Devices: Defective pacemakers, implants, or surgical instruments leading to fatal complications.  
• Unsafe Prescription Drugs: Medications that cause deadly side effects or interact dangerously with other drugs.  
• Defective Vehicles: Cars with brake failures, tire blowouts, or airbag malfunctions that cause fatal crashes.  
• Dangerous Household Products: Electronics, appliances, or children’s toys that pose fire, choking, or poisoning hazards.  

When manufacturers, retailers, or distributors fail to ensure product safety, they can be held responsible for wrongful deaths caused by their negligence.  

Premises Liability (Slip & Falls, Dog Attacks, Unsafe Conditions)  

Property owners have a legal duty to keep their premises safe for visitors. When they fail to address hazardous conditions, innocent people can suffer fatal injuries. Common premises liability wrongful death claims include:  

• Slip and Fall Accidents: Fatal head injuries or fractures caused by wet floors, uneven sidewalks, or poorly maintained staircases.  
• Dog Attacks: Severe bites or infections leading to fatal complications, especially in children and elderly victims.  
• Swimming Pool Drownings: Lack of supervision, broken pool barriers, or failure to maintain water safety.  
• Fires and Carbon Monoxide Poisoning: Landlords and property owners may be liable if they fail to install smoke detectors, fix faulty wiring, or provide safe living conditions.  

If your loved one suffered a fatal accident on someone else’s property, you may have a wrongful death claim against the property owner, landlord, or business responsible for maintaining the premises. 

Who Can Sue for Wrongful Death in Michigan?

Michigan law limits who can file a wrongful death claim. The lawsuit must be brought by the personal representative of the deceased person’s estate. However, compensation is typically distributed to:  

• Spouse  
• Children  
• Parents  
• Siblings  
• Other financial dependents  

If no will or personal representative exists, the court will appoint someone to handle the claim.

How Much Is a Wrongful Death Lawsuit Worth?

One of the most common questions families ask after losing a loved one to negligence is, “How much is a wrongful death claim worth?” While no amount of money can replace your loved one, a successful claim can provide financial stability and hold the responsible party accountable.  

The value of a wrongful death settlement depends on several factors, including:  

• How and why the death occurred.  
• The deceased person’s income and financial contributions.
• The emotional and financial impact on surviving family members.
• The strength of the evidence: Clear proof of negligence increases the likelihood of a higher settlement.  

Wrongful death damages fall into two main categories: economic damages (financial losses) and non-economic damages (emotional suffering).  

Economic Damages in a Wrongful Death Case  

Economic damages cover the measurable financial losses caused by the death. These include:  

• Medical Bills Related to the Fatal Injury:  If your loved one received medical care before passing, those expenses can be included in your claim. For example, if a victim of medical malpractice underwent unsuccessful treatment before passing away, the medical bills from that care would be included in the wrongful death lawsuit.  
• Funeral and Burial Costs: Funeral and burial expenses can be expensive. A wrongful death settlement ensures that families aren’t left struggling to cover these unexpected costs.  
• Loss of Income and Future Earnings: If the deceased was a primary provider, their lost income can create financial instability for the family. Compensation may include the wages they would have earned if they had lived and lost benefits, including health insurance and retirement contributions. For example, if a 40-year-old father making $80,000 per year is killed in a workplace accident, his family may claim decades’ worth of lost income and benefits.  

Non-Economic Damages in a Wrongful Death Case  

Non-economic damages cover the emotional and psychological suffering caused by the loss. These damages are often the biggest part of a wrongful death settlement.  

• Loss of Companionship (For Spouses):  Spouses can recover damages for the loss of love, emotional support, and intimacy caused by their partner’s death. This compensation acknowledges the emotional void left behind when a life partner is taken too soon.  
• Loss of Parental Guidance (For Children): Children who lose a parent due to wrongful death may be compensated for the loss of care, guidance, and emotional support. This includes loss of nurturing and education and financial support that the parent would have provided 
• Pain and Suffering Endured by the Deceased Before Passing: If the deceased suffered physical pain, emotional distress, or fear before dying, their estate may be entitled to damages for their pre-death suffering. For example, if a victim of nursing home abuse suffered months of pain before passing, their estate may recover compensation for their suffering and trauma.