The brutal emotional impact of losing a loved one because of a car crash in Detroit isn’t something anyone should have to experience. And there’s no amount of money that will bring back your loved one.
Trying to file a wrongful death claim can be very complicated and only certain individuals or entities may have standing to make such a claim, however. That’s why it’s beneficial to hire a car accident lawyer for a fatal accident in Detroit to provide you with expert legal guidance and negotiate to get you the compensation you deserve.
Causes for Fatal Car Crashes in Detroit
Unfortunately, Detroit sees more than its fair share of fatal car accidents. In some cases, they are the result of weather, unsafe road conditions, inexperienced drivers, vehicle defects, and medical emergencies.
But what makes a fatal car accident in Detroit all the more egregious is when it’s caused by negligent drivers who were speeding, driving aggressively, drunk or otherwise intoxicated, or distracted. In these cases, the accidents were preventable, but the drivers chose to operate their vehicles irresponsibly and not adhere to traffic laws.
What Types of Damages Can You Collect?
Because Michigan is a no-fault auto insurance state, each party to an accident typically handles their losses without suing the other. This is not the case with fatal car accidents. When you’re seeking economic and non-economic damages after losing a loved one in a fatal crash, you may be able to file a wrongful death lawsuit.
Survivor’s Loss Benefits
Survivor’s Loss Benefits typically compensate the dependents of a deceased car accident victim for the “contributions of tangible things of economic value” that the deceased would have continued to provide had he or she survived the car accident. (MCL 500.3108(1)). These No-Fault benefits provide the deceased’s dependents with up to $20 per day for “expenses” that “reasonably incurred” in “obtaining ordinary and necessary services in lieu of those that the deceased would have performed for their benefit if the deceased had not suffered the injury causing death.” (MCL 500.3108(1)). These No-Fault benefits may also cover: Hospital/medical insurance premiums; Old-age Social Security benefits; Disability coverage; Pensions; Investment income; Annuity income; and Workers’ compensation benefits.
Wrongful Death Benefits
Under MCL 600.2922(6) “The court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased.” In other words, it is a lump sum for conscious pain and suffering on top of the reasonable medical, hospital, funeral, and burial expenses.
Who Can File a Wrongful Death Claim in Detroit, Michigan?
The statute of limitations for filing a wrongful death lawsuit in Michigan is three years from the date of death and not the date of the accident or injury that caused the death.
Generally speaking, a wrongful death lawsuit against the person or entity who caused the accident is filed by a family member who is appointed as the personal representative of your loved one’s estate. This is typically the spouse, a child, a parent, or a sibling of your loved one. But in some cases, it might be their spouse’s children or another named beneficiary.
If you are not named in your loved one’s will or appointed by the court as the personal representative, you can’t file the claim. If you are a legal beneficiary, however, you will still share in any settlement recovered.
Filing a wrongful death lawsuit is complicated and can be stressful without the assistance of a Detroit car accident lawyer.
Who Is At-Fault Matters
Another tricky issue is determining who was at fault. It’s important to note that Michigan uses a modified comparative fault system. This means if your loved one was not more than 50% at fault for the accident, you might still recover compensation. It will be reduced based on their share of the blame though. And if they were MORE than 50% at fault, you may not be able to recover any damages.
Meanwhile, if it’s determined that the other driver was at fault, but he or she died, you can still sue their estate or insurance policy for damages. Once again, a wrongful death car accident lawyer in Detroit can help you understand who is eligible to file, who might collect compensation and how much, and the best ways to proceed.
Why You Need a Lawyer for a Fatal Car Accident in Detroit
The process of filing a wrongful death claim can be harrowing without the help and guidance of a skilled Detroit car accident lawyer. If you find you are eligible to file a wrongful death claim, here is what you can expect from the process.
Lawsuit Is Filed
The estate representative of your loved one – usually the executor of the will or closest next of kin – is listed as the plaintiff. This person brings the lawsuit on behalf of surviving dependents and beneficiaries.
The lawsuit is filed in court against any people or entities believed to be at fault for causing your loved one’s death. Facts of the case, details of the defendant’s negligence, and specific damages being claimed are included in the complaint.
Defendant Is Notified and Deposed
The defendant(s) is served notice of the lawsuit. They have a period of time to file a response, either denying or admitting to the allegation. After that, there is extensive evidence gathering that includes interrogatories, depositions, and any documents exchanged between the two parties.
Case Is Settled or Goes to Court
If a settlement is reached, your case will end and any compensation will be distributed according to the agreement. If no settlement is reached, the case is heard by a judge or jury, who will determine liability and damages based on presented evidence. In the event the other person or entity is found liable, a monetary judgment will be awarded to your loved one’s estate, where it will be distributed to the proper beneficiaries.
Working with a fatal car accident attorney in Detroit, MI, is crucial to properly navigating this complex process and maximizing recovery. The attorneys at Kajy Law are trained in diligent investigation and skilled negotiation to pursue every available avenue of compensation for you permitted under Michigan law.
Do You Need to File a Detroit Car Accident Wrongful Death Claim?
While working with a our team on a fatal car accident in Detroit won’t heal your emotional pain, we can minimize additional burdens while seeking the fairest compensation for you.
So if you’re ready to explore how a wrongful death claim can help you move forward after your considerable loss, fill out our online form or call us at 877-KAJY-CARES to set up a free consultation.
The Detroit car accident attorneys at Kajy Law have the skill, experience, and knowledge to represent you. We’ll do whatever it takes to get you the justice you deserve.
