Rochester Hills Wrongful Death Lawyers

When someone else’s negligence or wrongful acts caused the death of a loved one, you may be able to pursue a wrongful death lawsuit. While we cannot erase your loss, the experienced attorneys at Sommers Schwartz can help you recover compensation and seek justice on your loved one’s behalf.

What Is a Wrongful Death Claim?

A person’s family or personal representative may bring a civil claim for wrongful death resulting from a “wrongful act, neglect, or fault of another.” This type of claim allows the victim’s family to seek compensation from the at-fault parties on behalf of themselves and the decedent’s estate.

In some states, a decedent’s personal representative must bring two separate legal actions in wrongful death cases:

• A survival action for the claims that the decedent would have been able to bring in a personal injury suit for their own expenses, pain, and suffering had they survived and
• An action on behalf of the person’s family members for the losses they personally suffered as a result of the death.

Michigan’s wrongful death statute allows all these claims to be brought in one combined proceeding. The deceased’s personal representative files the wrongful death claim on behalf of both the estate and the surviving family members.

Who Can File a Wrongful Death Lawsuit?

The personal representative (PR) is the individual who wraps up a person’s estate after death (like closing bank accounts, selling property, and distributing assets). If a person did not name an individual in their will as their PR, a judge will appoint one (typically their spouse or adult child). If there are grounds for a wrongful death lawsuit, the PR is responsible for initiating and pursuing the action.

A person’s surviving family members, beneficiaries, or next of kin have the right to bring claims for their own losses in a wrongful death lawsuit. Michigan law designates specific individuals who can benefit from a wrongful death claim, including the deceased’s:

• Spouse.
• Children (biological, adopted, or stepchildren).
• Parents.
• Grandparents.
• Siblings.
• Beneficiary in their will.

In many cases, complicated family relationships can cause confusion regarding who has the right to pursue legal action after someone’s death. Talking to an experienced Michigan wrongful death attorney can help you understand the potential claims you may have related to a loved one’s death.

Common Causes of Wrongful Death in Rochester Hills

Many types of negligence and accidents can lead to a wrongful death claim. Accidents are consistently one of the leading causes of death in Michigan and across the country. However, many accidents are not unavoidable. Instead, they result from another person’s negligence, mistake, recklessness, or intentional actions. A person whose actions violate or fail to live up to the standards required by law can be held liable if that failure causes another person’s death.

Common situations that lead to Michigan wrongful death claims include:

• Car accidents. Speeding, distracted driving, drunk driving, and other negligent or reckless behavior can cause deadly car accidents.
• Truck accidents. Large commercial trucks pose a significant danger on the road. Negligent truck drivers, overloaded trailers, and improper maintenance can lead to fatal crashes.
• Motorcycle accidents. Motorcyclists are especially vulnerable on the road. Other drivers failing to yield, speeding, and driving under the influence can cause fatal crashes.
• Pedestrian accidents. Driver negligence or recklessness, driving under the influence, and simple inattention can cause deadly vehicle-pedestrian collisions.
• Medical malpractice. Negligent actions or mistakes by a doctor, nurse, or other healthcare professional can result in death. Examples include surgical errors, medication mistakes, and misdiagnosis.
• Workplace accidents. Unsafe work environments, equipment malfunctions, and inadequate training can result in fatal workplace accidents.
• Slips and falls. Property owners must keep their premises safe. Negligent maintenance that leads to slip-and-fall accidents on icy sidewalks, broken stairs, or uneven surfaces can be grounds for a wrongful death claim.
• Defective products. Faulty design, manufacturing defects, or inadequate warnings on consumer products can result in serious injuries or death. Wrongful death lawsuits can be filed against manufacturers or distributors responsible for bringing dangerous products to market or failing to take appropriate action to recall known hazards.

Determining Liability in a Wrongful Death Case

In a Rochester Hills wrongful death lawsuit, the party bringing the lawsuit (the plaintiff) must prove their loved one’s death resulted from the negligence of the at-fault party. The plaintiff must prove four elements to succeed:

• Duty of care. The defendant must have owed a legal duty of care to the deceased. This means they had a responsibility to act in a reasonably safe manner to avoid causing harm. For example, drivers owe a duty of care to pedestrians and other motorists to obey traffic laws and operate their vehicles safely.
• Breach of duty. The defendant breached their duty of care, acting in a way that fell below the standard of a reasonable person in the same situation. Examples of a driver’s breach of duty could be distracted driving, drunk driving, speeding, or failing to yield the right of way for a pedestrian.
• Causation. The plaintiff is required to establish that the defendant’s breach of duty directly caused the death of the loved one. There must be a clear link between the negligent act and the fatal outcome. For example, a driver ran a red light (breaching their duty of care) and collided with a car, causing fatal injuries to the other driver.
• Damages. Finally, the plaintiff must demonstrate that the defendant’s actions resulted in damages, such as lost wages, medical bills, and emotional distress. The PR of a driver killed in a car crash could sue for the expenses, pain, and suffering the victim incurred before their death and the expenses, pain, and suffering (and other losses) of their surviving family members caused by their death.

An experienced Rochester Hills wrongful death lawyer can help you navigate how to determine and prove liability. Sommers Schwartz has the resources, experience, and know-how to thoroughly investigate your loved one’s death and collect the necessary evidence in support of your wrongful death claim.

Recoverable Damages in a Wrongful Death Case

A successful Rochester Hills wrongful death lawsuit can help recover compensation for the financial and emotional losses suffered by the surviving family members. These include economic damages (quantifiable financial losses) and non-economic damages (intangible losses). Examples of recoverable damages include:

Economic Damages

• Lost wages and future earnings of the deceased.
• Medical costs incurred before the death.
• Funeral and burial expenses.
• Loss of household services provided by the deceased (such as childcare and home maintenance).
• Damage to the deceased’s property (such as jewelry, vehicles, or personal effects).

Non-economic Damages

• The victim’s pain and suffering before death.
• The surviving family members’ emotional distress.
• Loss of companionship, guidance, love, and support provided by the deceased.

Michigan law sets an upper limit, or “cap,” on the non-economic damages plaintiffs can recover in certain types of cases, including medical malpractice and product liability. The exact limits are adjusted annually to account for inflation. There is no cap on the amount of economic damages a plaintiff can recover.

Act Quickly To Improve Your Chances of Success

A “statute of limitations” is the time you have to file a lawsuit. In Michigan, the statute of limitations for wrongful death lawsuits is three years after a death. If you don’t act before that time, you will lose your right to recover.

Consulting an experienced wrongful death attorney as soon as possible after the death of a loved one is important for other reasons, too. These include:

• Preserving evidence. The sooner you begin legal action, the sooner your attorney can gather evidence to support your case. Over time, crucial evidence like witness statements, accident scene photos, and medical records becomes harder to obtain.
• Identifying the liable party. Investigating the cause of death and determining who is responsible also becomes more challenging as time passes. Memories fade, protocols change, evidence degrades, and witnesses may become difficult to locate.
• Building a strong case. A solid wrongful death case requires thorough investigation, witness interviews, and expert analysis. The more time available for your attorney to build your case, the better your chances of achieving a successful outcome.

Contact the Rochester Hills Wrongful Death Lawyers at Sommers Schwartz

The wrongful death attorneys at Sommers Schwartz understand that nothing can replace the loss of a family member. However, a successful outcome in a wrongful death claim can provide much-needed financial security and a measure of justice for your family.

Our legal team will:

• Thoroughly investigate the cause of your loved one’s death and identify the at-fault party.
• Aggressively pursue maximum compensation for your claim, including the full value of your economic and non-economic damages.
• Handle all legal matters with compassion and understanding.

The length of a wrongful death lawsuit can vary depending on the case’s complexity and whether it goes to trial. After an initial consultation, our attorneys can provide a more accurate estimate of how long your case may take based on your unique circumstances.

We work on a contingency fee basis, so you won’t pay any legal fees unless we recover compensation for your family. We are available to answer all your questions and guide you through each stage of the legal process.

Schedule a Free Consultation

If you have lost a loved one due to negligence in Rochester Hills or the surrounding area, contact Sommers Schwartz today for a free consultation. For over 40 years, we have helped families pursue compensation and justice. Our experienced, compassionate, wrongful death attorneys will answer your questions and explain your legal options.