The loss of a loved one is an unimaginable tragedy, and when that loss is due to someone else’s negligence or wrongful actions, the pain is only compounded. While no legal action can truly heal the emotional wounds, a wrongful death lawsuit provides grieving families with a path toward justice and financial stability during an incredibly difficult time.
So, who can file a wrongful death lawsuit, and what does the process look like?
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a legal claim filed against an individual, company, or entity whose negligence or misconduct caused another person’s death. The primary aim of such lawsuits is to seek compensation for the losses surviving family members experience, including funeral expenses, lost income, companionship, and emotional suffering.
Every state has specific laws that govern who can file a wrongful death claim. It’s important to consult with an experienced attorney who can guide you based on the laws in your jurisdiction.
Who Has the Right to File a Wrongful Death Lawsuit?
The legal right to file a wrongful death lawsuit typically lies with specific individuals who were closely connected to the deceased. In Michigan, only certain individuals are allowed to file a wrongful death lawsuit. These include the deceased person's spouse, children, parents, and other relatives who were financially dependent on the deceased. Additionally, the personal representative of the estate can also file a claim on behalf of the estate.
Let's break this down further:
1. Immediate Family Members
Immediate family members are usually given first priority to file a wrongful death claim. This includes:
- Spouse of the deceased: The surviving husband or wife is often the primary party eligible to file a claim. This recognizes their direct financial and emotional dependence on their partner.
- Children of the deceased (biological and legally adopted): Whether minors or adults, children have a legal right to seek compensation for the loss of care, emotional support, and financial support from their parent.
- Parents of the deceased (in cases with no surviving spouse or children): Parents may also be eligible to file a claim, especially if the deceased was a minor or dependent.
2. Other Family Members
If there are no immediate family members, other relatives may have the right to pursue a wrongful death lawsuit. These often include:
- Siblings of the deceased
- Grandparents in certain situations
The eligibility of extended family members varies widely by state and is generally considered in scenarios where there are no closer surviving relatives.
3. Personal Representative of the Deceased's Estate
Some states require that a wrongful death lawsuit be filed by the personal representative (executor) of the deceased person’s estate. This representative acts on behalf of the deceased’s estate and distributes any awarded compensation to the appropriate beneficiaries.
The personal representative may be named in the deceased’s will. If there’s no will, the court may appoint a personal representative, who is often a close family member.
4. Domestic Partners
Certain states extend eligibility to registered domestic partners or long-term partners, recognizing these relationships as akin to those of a married spouse. If you live in a state that recognizes domestic partnerships, consult with a qualified attorney to determine your legal standing.
5. Financial Dependents
Individuals who can prove they were financially dependent on the deceased may also qualify to file a wrongful death lawsuit. This can include stepchildren, foster children, or other dependents who relied on the deceased for financial support.
Compensation in Wrongful Death Lawsuits
The purpose of filing a wrongful death lawsuit is to seek monetary compensation for the tangible and intangible losses resulting from your loved one’s death. Compensation may include:
- Funeral and Burial Expenses: Covering the high costs of laying your loved one to rest.
- Medical Bills: Reimbursement for any medical care provided before your loved one’s passing.
- Lost Income and Benefits: Compensation for the income your loved one would have earned and the benefits they would have provided to their family.
- Loss of Companionship: Addressing the emotional pain of losing a spouse, parent, or child.
- Pain and Suffering: Compensation for the non-economic damages such as grief, anguish, and distress caused by the death of your loved one.
Steps to Take When Pursuing a Wrongful Death Lawsuit
If you’ve decided to pursue a wrongful death claim, here are the steps involved:
- Consult an Experienced Attorney: Navigating wrongful death laws can be overwhelming, especially during a period of grief. An attorney will advocate for your rights and handle all legal complexities so you can focus on healing.
- Gather Evidence: Provide your attorney with as much documentation as possible, including medical records, police reports, and any evidence of negligence or wrongdoing.
- File Within the Statute of Limitations: Each state imposes a time limit (statute of limitations) for filing a wrongful death claim. Failing to file within this timeframe may bar you from seeking compensation altogether.
- Negotiate or Litigate: Your attorney will work to negotiate a settlement with the responsible party or take the case to trial if necessary.
St. Clair County Wrongful Death Lawyers for Grieving Families in Michigan
At Rowling, Partipilo & Winston, we understand that pursuing a wrongful death lawsuit isn’t just about money—it’s about justice, accountability, and making sure your loved one’s story is told. No one should endure the loss of a family member due to another’s negligence without a clear path forward.
With years of experience advocating for families like yours, we’re here to provide unwavering support and guidance every step of the way. Our compassionate approach, combined with assertive legal representation, ensures your case is handled with care and dedication.
If you’ve lost a loved one and are wondering if you have a case, contact us for a free, no-obligation consultation. We’ll evaluate your situation, answer your questions, and fight to secure the compensation your family deserves. You’re not alone—we’re here to help.
Contact us today at (810) 676-9447 to begin your path toward justice.