Lansing Wrongful Death Attorney

Motor vehicle collisions are the leading cause of wrongful death claims in Michigan. When distracted driving, drunk driving, speeding, or other negligent behavior causes a fatal crash, families can pursue compensation from at-fault drivers and their insurance carriers. Our car accident attorneys work with accident reconstructionists and medical experts to build strong cases demonstrating liability and the full extent of your family’s losses.

Commercial truck accidents often result in catastrophic injuries and death due to the size and weight of these vehicles. Negligent trucking companies, fatigued drivers, improper maintenance, and violations of federal safety regulations can all lead to preventable deaths. Truck accident cases involve complex liability issues with multiple potentially responsible parties, including drivers, trucking companies, cargo loaders, and maintenance providers.

Motorcyclists face unique vulnerabilities on Michigan roads. When other drivers fail to yield, follow too closely, or don’t watch for motorcycles, the results are often fatal. Our motorcycle accident lawyers understand the biases that motorcyclists face and fight to ensure your loved one’s memory is honored and your family receives fair compensation.

Pedestrians and cyclists struck by vehicles rarely survive without serious injuries, and many incidents prove fatal. Crosswalk accidents, distracted drivers, and failure to yield lead to preventable deaths throughout Lansing. Our pedestrian accident attorneys hold negligent drivers accountable for these tragic losses.

Fatal accidents at construction sites, industrial facilities, and other workplaces devastate families and often involve complex workers’ compensation issues alongside potential third-party wrongful death claims. When safety violations, defective equipment, or negligent supervision causes accidental death on the job, families may have claims beyond workers’ compensation benefits. Our workplace accident team navigates these overlapping areas of law.

When healthcare providers fail to meet accepted standards of care, patients die from preventable medical errors, surgical mistakes, medication errors, misdiagnosis, or delayed treatment. Medical malpractice wrongful death cases require extensive medical evidence and expert testimony to prove that negligence directly caused your loved one’s death.

Elderly residents in nursing homes and assisted living facilities deserve proper care and dignity. When facilities fail to provide adequate staffing, medical attention, or supervision, preventable deaths from falls, infections, dehydration, medication errors, or outright abuse occur. Our nursing home abuse attorneys fight to hold facilities accountable for these tragic failures.

Dangerous or defective products, from vehicles with design flaws to contaminated medications, can cause death due to negligence by manufacturers, distributors, or retailers. Product liability wrongful death cases help families seek justice when corporate negligence puts profits over safety.

We meet with your family at our office or your home to discuss what happened, answer your questions, and explain your legal options. This consultation is completely free and confidential. We’ll review available evidence, discuss Michigan wrongful death law, and provide honest assessment of your potential case.

Our legal team immediately begins investigating the circumstances of your loved one’s death. We obtain police reports, medical records, autopsy results, witness statements, surveillance footage, and employment records. We work with accident reconstruction experts, medical professionals, and industry specialists to build a comprehensive understanding of what happened and who bears responsibility.

Wrongful death cases often involve multiple defendants. We identify every individual, company, or entity whose negligence contributed to the death, whether that’s a distracted driver, negligent employer, product manufacturer, medical provider, or government agency responsible for road maintenance.

We work with economic experts and life care planners to accurately calculate both economic and non-economic damages, including medical expenses before death, funeral and burial costs, lost income and benefits the deceased would have earned, loss of services and companionship, and the emotional suffering of family members.

Insurance companies often attempt to minimize payouts or deny wrongful death claims entirely. Our attorneys handle all communications with insurers, present compelling evidence of liability and damages, and negotiate aggressively for full compensation. We don’t accept lowball settlement offers that don’t reflect your family’s true losses.

If insurance companies refuse fair settlement, we’re fully prepared to take your case to trial in Ingham County Circuit Court or other appropriate venues.

Throughout the process, we keep you informed about case developments, explain legal procedures in plain language, and remain available to answer questions. We understand this is an emotional time, and we’re here to provide both legal guidance and human support.

Belong to the estate and include quantifiable financial losses such as medical expenses incurred before death, and funeral and burial costs. Damages that belong to individual family members include lost wages and income the deceased would have earned over their expected working life, lost benefits including health insurance and retirement contributions, and loss of services the deceased provided to the household.

Address intangible losses that profoundly affect surviving family members. These include loss of companionship, society, and consortium. The relationship you shared with your loved one; loss of guidance and nurturing, particularly significant when a parent dies; loss of protection and care; and the emotional pain and suffering of family members. Michigan does not cap non-economic damages in most wrongful death cases, though caps apply in medical malpractice cases.

If family members cannot agree on how the settlement should be divided, Michigan law requires the court to hold a hearing to decide the allocation among the various beneficiaries.

Rarely awarded in Michigan wrongful death cases and only when the defendant’s conduct was grossly negligent or intentionally harmful. These damages punish wrongdoers and deter similar conduct, but Michigan law limits their availability.

Michigan law provides a three-year statute of limitations for wrongful death claims, beginning from the date of death. This deadline is strict, missing it typically means losing the right to pursue compensation permanently. However, certain circumstances may extend or toll this deadline, such as when the death wasn’t immediately discovered to be caused by negligence. Early consultation with a wrongful death lawyer ensures you don’t miss critical deadlines.

Under Michigan Compiled Laws § 600.2922, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative is typically named in the will or appointed by the probate court. The lawsuit benefits specific family members as determined by Michigan law, generally including spouses, children, parents (if no spouse or children), and sometimes other dependent relatives. Michigan law also requires the personal representative to serve formal notice of the lawsuit to all potential heirs (surviving spouse, children, parents, etc.) within 30 days of filing to protect their right to a portion of any settlement.

Michigan’s no-fault auto insurance system complicates wrongful death cases involving motor vehicle accidents. No-fault benefits cover medical expenses and wage loss up to death, but families can pursue wrongful death claims against at-fault drivers for non-economic damages if the case meets Michigan’s serious impairment threshold. A wrongful death attorney in Lansing can explain how no-fault law affects your specific situation.

When death results from medical malpractice, Michigan law caps non-economic damages at approximately $500,000, with a higher cap (around $1 million) for cases involving catastrophic injuries or wrongful death. These caps are adjusted annually for inflation. Economic damages remain uncapped.

Michigan follows a modified comparative negligence rule. If the deceased person was partially at fault for the accident that caused their death, compensation may be reduced proportionally to their percentage of fault. If they were more than 50% at fault, no recovery is possible. This makes establishing clear liability crucial in wrongful death cases.

Michigan law distinguishes between wrongful death claims (which compensate family members for their losses) and survival actions (which recover damages the deceased person experienced before death, such as pain and suffering). Both may be pursued simultaneously through the estate.

When workplace accidents cause death, families typically receive workers’ compensation death benefits. The workers’ compensation exclusivity rule generally prevents wrongful death lawsuits against employers, but third-party claims against equipment manufacturers, contractors, or other negligent parties remain available.

During the first week, you’ll meet with an attorney to discuss what happened to your loved one, review any initial evidence you have, and sign a representation agreement if you decide to move forward.

The legal team spends one to three months gathering evidence, obtaining medical records and other important documents, interviewing witnesses who saw what happened, consulting with expert witnesses, and identifying all parties who may be responsible for the death.

Over two to six months, your attorney sends a formal demand letter to the responsible parties and their insurance companies, then negotiates to try to reach a fair settlement without going to court.

If negotiations don’t result in fair compensation, your attorney files a formal complaint in the appropriate Michigan court, serves the legal documents to all defendants, and begins the formal litigation process.

This phase takes six to twelve months and involves both sides exchanging evidence, conducting depositions (recorded testimony under oath), preparing expert witness reports, and filing legal motions with the court.

Between twelve and twenty-four months after starting the case, there are final settlement negotiations, possibly mediation with a neutral third party, and if necessary, a trial before a judge or jury that results in either a verdict or settlement agreement.

Documentation showing the defendant breached a duty of care through actions or inactions that directly caused the death. This might include police reports, witness testimony, video footage, safety violations, or expert analysis.

Proof that the defendant’s negligence directly caused or substantially contributed to the death. Medical records, autopsy reports, and expert testimony establish this crucial link between negligent conduct and fatal outcome.

Responsible parties must have financial resources or insurance coverage to pay damages. Our investigation identifies all potential defendants and their coverage.

While no amount compensates for losing a loved one, stronger cases involve substantial financial and emotional losses, particularly when the deceased was young, healthy, and financially supporting dependents.

Quick action preserves critical evidence before it disappears. Surveillance footage gets erased, memories fade, physical evidence deteriorates, and witnesses become unavailable. Early attorney involvement protects your case.

Wrongful death cases require family cooperation for providing information, making decisions, and potentially testifying. United families present stronger cases to juries.

Insurers use various strategies to minimize payouts, disputing liability, questioning causation, arguing the deceased was partially at fault, claiming damages are exaggerated, or pressuring families to accept quick, low settlements before understanding full damages. Our attorneys recognize these tactics and counter them effectively.

Defendants often argue the deceased person contributed to their own death. We gather evidence disproving these defenses and demonstrating clear defendant liability.

Cases involving multiple parties, corporate defendants, or government entities present jurisdictional and procedural complexities. Our experience navigating these issues ensures claims proceed properly.

Discussing your loved one’s death repeatedly during legal proceedings is emotionally taxing. We handle these cases with sensitivity while managing legal complexities so you can focus on healing.

Putting a dollar value on loss of companionship and emotional suffering feels impossible and uncomfortable. We work with experts and use established methods to present compelling evidence of these damages to insurers and juries.

Monument Legal handles wrongful death cases on a contingency fee basis. This means you pay no attorney fees unless we win your case.

We receive a percentage of the recovery only if we obtain compensation through settlement or trial verdict. There are no upfront costs, no hourly fees, and no payment if we don’t recover damages for your family.

We also advance all case expenses including expert witnesses, court costs, and investigation fees. This arrangement allows families to access quality legal representation regardless of financial circumstances during an already difficult time.

Michigan law provides a three-year statute of limitations for wrongful death cases, beginning on the date of death. This deadline is strictly enforced, missing it almost always means losing your right to pursue compensation permanently.

However, certain situations may affect this timeline, such as cases involving government defendants (which have shorter notice requirements) or situations where the cause of death wasn’t immediately known. Because preserving evidence and building strong cases takes time, we strongly recommend contacting a wrongful death attorney in Lansing as soon as possible after your loss.

Case value depends on numerous factors unique to your situation. Economic damages include measurable financial losses like medical bills before death, funeral expenses, and lost income over the deceased person’s expected working life.

Non-economic damages compensate for loss of companionship, guidance, and the emotional impact on family members. Factors affecting value include the deceased person’s age, health, earning capacity, family circumstances, degree of defendant negligence, strength of evidence, and available insurance coverage.

During your free consultation, we’ll discuss the specific factors that influence your family’s potential compensation based on similar Michigan cases.

Most wrongful death cases in Michigan settle within 12-18 months, though timeline varies significantly based on case complexity, number of defendants, willingness of insurance companies to negotiate fairly, and court schedules.

Simple cases with clear liability and cooperative insurers may resolve in 6-8 months. Complex cases involving multiple parties, disputed liability, or the need for extensive expert testimony may take two years or longer.

Cases that go to trial generally take longer than those that settle. We work efficiently to resolve cases as quickly as possible while ensuring you receive full compensation, not just a quick settlement.

While Michigan law doesn’t require you to hire an attorney, wrongful death cases are among the most complex in civil law.

These cases involve intricate legal procedures, strict deadlines, complicated damages calculations, aggressive insurance company defense tactics, and often require expert testimony. Insurance companies have experienced legal teams protecting their interests.

You deserve the same. Attorneys experienced in wrongful death litigation understand how to investigate thoroughly, identify all liable parties, calculate full damages, negotiate effectively, and try cases when necessary. Families who attempt to handle these claims alone typically recover far less than those with legal representation, and many make procedural mistakes that permanently damage their cases.

Under Michigan law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit.

This representative is typically named in the deceased person’s will or appointed by the probate court if there’s no will. The personal representative files the lawsuit on behalf of the deceased person’s eligible family members, who are the actual beneficiaries of any recovery. Beneficiaries generally include the spouse, children, parents (if no spouse or children), and sometimes other dependent relatives or next of kin.

Our attorneys can guide your family through the process of probate court appointment if necessary and explain who qualifies as a beneficiary in your specific situation.

Strong wrongful death cases require evidence proving the defendant owed a duty of care to the deceased, breached that duty through negligence or wrongful conduct, and directly caused the death and resulting damages.

Critical evidence includes police accident reports, medical records and autopsy reports, witness statements, photographs or video of the accident scene, employment and financial records, expert testimony on liability and causation, and documentation of the relationship between the deceased and family members.

Our legal team handles evidence gathering and works with investigators and experts to build comprehensive proof of your claim. The sooner you contact us after the death, the better we can preserve crucial evidence before it disappears.

Yes, wrongful death lawsuits are completely separate from criminal prosecutions.

Criminal cases involve the government prosecuting defendants for crimes like involuntary manslaughter or vehicular homicide, while wrongful death claims are civil lawsuits seeking financial compensation for your family’s losses. Both can proceed simultaneously. In fact, evidence from criminal proceedings often helps civil cases, though criminal convictions aren’t required to win wrongful death lawsuits.

The burden of proof differs. Criminal cases require proof beyond reasonable doubt, while civil cases require only a preponderance of evidence (more likely than not). Even if criminal charges aren’t filed or result in acquittal, you may still have a valid wrongful death claim.

Michigan follows a modified comparative negligence rule in wrongful death cases. If your loved one was partially responsible for the accident that caused their death, your family’s compensation may be reduced by their percentage of fault.

However, you can still recover damages as long as the deceased person was not more than 50% at fault. For example, if total damages are $1 million and the deceased was 30% at fault, recovery would be reduced to $700,000. Defendants often argue comparative negligence to reduce their liability, so having an attorney who can counter these arguments and prove clear defendant fault is crucial to maximizing your family’s recovery.

Michigan law determines distribution of wrongful death compensation based on the deceased person’s family circumstances. Generally, if there’s a surviving spouse and children, they share the recovery.

If there’s only a spouse or only children, they receive the entire amount. If there’s no spouse or children, parents may recover.

The personal representative and family members can agree on distribution, or the probate court will determine allocation if the family cannot agree. Factors considered include each family member’s financial dependence on the deceased, the closeness of the relationship, and their individual losses.

Our attorneys help families navigate these sensitive discussions and ensure fair distribution that reflects each person’s loss.