Wrongful Death

St. Clair County Wrongful Death Lawyers

Serving Clients in Port Huron and Across Southeast Michigan

Facing the loss of a loved one is always difficult, but when their death is caused by someone else’s negligence or misconduct, it can be even more heart-wrenching. While no legal action can ever replace a lost life, pursuing a wrongful death claim can provide financial stability and a sense of justice for surviving family members. A wrongful death claim allows surviving family members to seek justice and compensation for their untimely loss. Our experienced wrongful death lawyers have helped people throughout St. Clair County and Southeast Michigan recover millions of dollars in settlements, and we believe we can help you too.

Call (810) 676-9447 or contact us online today to set up a free consultation with a wrongful death lawyer near you in our Port Huron office.

What is a Wrongful Death Case?

A wrongful death case arises when a person’s death is caused by another party’s negligence, recklessness, or intentional actions. Common examples include fatalities resulting from car accidents, medical malpractice, workplace accidents, defective products, or perhaps violent crimes.

For instance, if a drunk driver causes a fatal collision, the family of the deceased may have grounds for a wrongful death case. Similarly, if a healthcare provider fails to diagnose a life-threatening condition, leading to a preventable death, this could also qualify.

The goal of a wrongful death claim is to compensate the family for their losses, both financial and emotional, and hold the responsible party accountable. These cases typically require proving that the at-fault individual or organization failed to exercise reasonable care, thereby causing the person’s death.

Under Michigan law, the executor of the deceased’s estate is the one who must file the wrongful death lawsuit, although several parties can be eligible claimants in the settlement:

The deceased’s spouse
Children of the deceased
Parents of the deceased
Siblings and grandparents of the deceased
Other individuals identified in the deceased’s will

Types of Damages in a Wrongful Death Case

When a loved one’s life is tragically cut short due to another party’s negligence or wrongdoing, families often face significant emotional and financial challenges. Wrongful death claims allow families to seek compensation for two main categories of damages--economic and non-economic.

Economic Damages

Economic damages are tangible, quantifiable losses that result from the deceased’s death. These damages are designed to alleviate the financial burdens placed on surviving family members.

Common examples include:

Medical expenses incurred prior to the person’s passing, such as treatments or emergency care.
Funeral and burial costs can be a heavy expense.
Loss of income the deceased would have earned had they lived. This also includes lost benefits like health insurance or retirement contributions.

Non-Economic Damages

Non-economic damages address the emotional and psychological toll on families caused by their loved one’s death. While they may not be as easily measurable, these losses are no less important.

Examples include:

Loss of companionship and love experienced by spouses, children, or parents.
Loss of parental guidance, which often profoundly impacts surviving children.
Mental anguish and emotional pain endured by family members.
Loss of enjoyment of life, where the surviving family loses experiences they would have shared with their loved one.

While no compensation can truly replace a beloved family member, these damages aim to provide financial support and honor relationships that were unfairly taken away.

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Exemplary Damages in a Michigan Wrongful Death Case

Exemplary damages--often referred to as punitive damages in other states--are a unique category of compensation designed not to address a victim’s direct losses, but rather to penalize egregious behavior and discourage such conduct in the future.

Exemplary damages are intended to address the malicious or reckless conduct of the defendant, focusing on their wrongdoing rather than the suffering of the family. Specifically, they may apply when a defendant’s actions demonstrate willful misconduct, malice, or a blatant disregard for the safety and rights of others.

For example, if a wrongful death resulted from intentional harm, such as physical assault, or extreme recklessness, a court may consider awarding exemplary damages. These provide an additional layer of accountability and function as a societal warning against the behavior in question.

Unlike economic and non-economic damages, exemplary damages aren’t calculated based on a victim’s financial losses or emotional suffering. Instead, they are determined by examining the defendant's conduct and deciding what level of penalty is necessary to reflect the seriousness of their actions.

Justice for Those Left Behind

A wrongful death claim can't undo what has happened, but it provides a path for families to achieve accountability and financial stability after such a devastating loss. The lawyers at Rowling, Partipilo & Winston have spent over 50 years providing the people of St. Clair County and beyond with support that is both professionally sharp and personally compassionate.

We know that clients who come to us for help in these cases. They can count on real, personalized support and they’ll be talking directly with their attorney. Our team combines methodical work with passionate advocacy to push for the settlement you deserve.

Call (810) 676-9447 today to speak with a wrongful death lawyer near you.

Wrongful Death lawyer faqS

How long do I have to file a wrongful death lawsuit in Michigan?

Michigan law requires wrongful death claims to be filed within three years from the date of death. Failing to file within this period may prevent you from seeking compensation.

How do I prove negligence in a wrongful death case?

To prove negligence, your St. Clair County wrongful death attorney must demonstrate that the responsible party owed a duty of care, breached that duty, and caused your loved one’s death as a result. This often involves collecting evidence such as medical records, accident reports, expert testimony, and witness statements.

What if the deceased was partially at fault?

Michigan follows a modified comparative negligence rule. If the deceased was partially at fault, the compensation may be reduced by their percentage of fault. However, as long as they were less than 50% responsible, their family can still recover damages.

How long does a wrongful death case take?

The timeline for a wrongful death case varies based on factors like the complexity of the case, the willingness of the responsible party to settle, and court scheduling. Some cases resolve in a few months, while others may take a year or more if litigation is required.

Will I have to go to court?

Many wrongful death cases are settled out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, our attorneys are fully prepared to take your case to trial to fight for the compensation your family deserves.

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Why Choose Rowling, Partipilo & Winston?

Justice for the Injured. Results You Can Trust.

Community-Focused Representation

We live and work in Southeastern Michigan, serving our neighbors with dedication and local expertise. We’re committed to keeping our community safer by holding negligent parties accountable.
Decades of Proven Results

Since 1974, Rowling, Partipilo, & Winston has been Michigan’s trusted personal injury firm, securing millions for victims and helping them rebuild with confidence.
Passion and Commitment in Every Case

At Rowling, Partipilo, & Winston, we handle our own cases—what you see is what you get. From consultation to courtroom, you work directly with the attorneys fighting for your rights.
More Than $10 Million Won

We don’t settle for less. With over $10 million won, we aggressively pursue the full compensation our clients deserve.
Aggressive, Client-Focused Advocacy

We never represent insurance companies—our only focus is fighting for the injured. While insurers minimize payouts, we work harder to secure the compensation you deserve.
Free Consultations

A free, no-obligation consultation is the first step toward getting the justice and compensation you deserve.

What Our Clients Are Saying What Our Clients Are Saying

Fighting for Justice Since 1974

"Thanks again!"
I am so happy I picked the right attorney! You and everyone there stuck by me and my grand-babies. Thank you for not giving up on us. I am so grateful to be able to put some money away for them from their mom… Thanks again!

- Former Client
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Attorney Nicole Winston helped my family so much after a drunk driver flipped our lives upside down. She went to bat against the Auto Insurance, the Disability Insurance and Social Security and won all three cases. We owe her so much!

- Former Client
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Thanks for having been so nice to my mom and me. You’re the only one that believed in her. Last night, I went out for a quiet birthday dinner and I wore the big bling ring that she bought in Florida, so she was with me. Today, I am going to the nursing home to plant a Potentilla for my mother. It’s a new color called Rosebud. I know that you worked really hard for us. Thanks again for being an upstanding lawyer.

- Former Client

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