Sterling Heights Wrongful Death Lawyer

Lost a Loved One to a Fatal Accident? Talk to the Compassionate, Dedicated Wrongful Death Attorneys at Sommers Schwartz, P.C. Today

The sudden death of a loved one turns your world upside-down. In an instant, everything becomes uncertain. You may worry about the future and struggle to move forward under the weight of immense grief. You may wonder how to hold a negligent party accountable, but be unsure how to pursue a claim.

If this sounds familiar, you’re not alone. The experienced Sterling Heights wrongful death attorneys at Sommers Schwartz, P.C. are here to help. We can protect your legal rights and fight for the compensation you and your family deserve.

Michigan Fatal Accident Statistics

Unintentional injuries are the third leading cause of death in Michigan, after heart disease and cancer. The Michigan Department of Community Health (MDCH) estimates that 20,915 people died of unintentional injuries in Michigan in 2023.

Michigan’s unintentional injury death rates are higher than those in the U.S. as a whole. According to the MDCH, Michigan residents suffered accidental deaths in 2023 at a rate of 151.9 deaths per 100,000 residents. The rate for the U.S. overall was 143.6 deaths per 100,000 people.

Common Causes of Unintentional Deaths

Fatal injuries can occur in many ways. In Sterling Heights, the most common causes of deadly injuries are motor vehicle accidents, workplace accidents, and premises liability claims.

Motor Vehicle Accidents

Car accidents claimed 1,095 lives on Michigan roads in 2023, accounting for nearly one-fifth of all accidental deaths. These injuries occurred in 1,021 separate crashes, indicating that several accidents caused more than one death.

Among fatal Michigan car accidents:

• 28.8% occurred at intersections.
• 26.6% involved at least one person who had been drinking.
• 12.9% involved at least one person who was under the influence of drugs other than alcohol.
• 11.7% involved speeding.

Bicyclists, pedestrians, and motorcyclists face an outsized risk of death on Michigan roads. In 2023, 183 pedestrians, 24 bicyclists, and 165 motorcyclists died in roadway crashes. While only 1.1% of all traffic crashes in 2023 involved a motorcyclist, 15.5% of those who suffered fatal or catastrophic injuries in Michigan crashes were motorcyclists.

Motorcycle crashes claimed nine lives in Macomb County, as well as five lives in Oakland County and 25 in Wayne County. Wayne County posted Michigan’s highest motorcycle fatality rates in 2023, followed by Genesee, Monroe, and Macomb Counties.

Work-Related Accidents

Nationwide, 5,283 people died from fatal occupational injuries in 2023, according to the Federal Bureau of Labor Statistics (BLS). Work-related injuries killed 166 Michigan workers. The most common causes of these deaths were:

• Transportation incidents (33%).
• Violent acts (22%).
• Contact incidents (17%).
• Slips, trips, and falls (13%).

Other causes, including electrocution and exposure to harmful substances or environments, accounted for the remaining 15% of workplace fatalities.

Any workplace can become the site of a fatal accident or injury, but some industries have higher rates of deadly injuries than others. In 2023, construction workers suffered 39 of Michigan’s 166 fatal work-related injuries. The transportation and mining industries also reported more than 30 deaths each.

Slips, Falls, and Premises Liability

Falls are a leading cause of death for children and the elderly, but people of any age can suffer fatal injuries in a fall. The Occupational Health and Safety Administration (OSHA)’s annual “Big Four” list of deadly workplace accidents includes slip-and-fall incidents. However, these fatal accidents also occur in businesses and other public venues.

Michigan businesses must keep their premises safe and warn visitors of non-obvious dangers that they cannot fix immediately. A company or property owner who fails to do either may be liable if a fatal injury results.

Other Types of Fatal Accidents

Other common types of fatal accidents in Michigan include accidental poisoning and drowning. Unintentional poisoning can occur when toxic substances are not secured or do not have adequate warnings. Accidental drowning can occur due to a lack of supervision or protection around pools and other bodies of water. Defective products like life jackets may also contribute to drowning.

Many unintentional deaths are preventable and result from someone’s negligence. A wrongful death claim allows a victim’s surviving family members to hold the negligent parties accountable and recover compensation for their losses.

Michigan Wrongful Death Claims: The Basics

Wrongful death claims are similar to personal injury claims in some ways, but differ in others. The circumstances of an accident can also affect how a wrongful death claim proceeds. While it helps to understand a few basics about Michigan wrongful death claims, an experienced attorney can help you understand how the rules apply to your case.

Time Limits on Michigan Wrongful Death Claims

Michigan law generally requires wrongful death claims to be filed within three years of the date of death. This deadline is called the “statute of limitations.” However, certain exceptions can extend or accelerate how long you have to begin a claim. You should consult an experienced attorney as soon as possible to protect your rights and ensure you can file within the applicable time limit.

Who Can File a Wrongful Death Claim in Michigan?

Michigan’s wrongful death statute allows the personal representative of the deceased person’s “estate” to bring a wrongful death claim. This person steps into the decedent’s shoes to pursue the legal claims they would have had for their injuries. Any compensation they recover is distributed to their heirs or the beneficiaries of their will. The personal representative must serve notice of the claim on anyone who might be entitled to compensation.

Parties who can recover from a wrongful death case in Michigan include:

• The spouse, children, descendants, parents, grandparents, or siblings of the deceased person.
• Anyone who would receive the deceased’s estate under Michigan’s succession laws, if none of the above-listed relatives survive the deceased.
• Stepchildren of the deceased person.
• Anyone listed in the deceased person’s will, with some exceptions.

An experienced Michigan wrongful death attorney can help you understand the legal procedures and formalities these cases require. The knowledgeable, compassionate attorneys at Sommers Schwartz, P.C., understand how difficult it can be to pursue a wrongful death claim and will help you every step of the way.

Types of Compensation You May Seek After a Sterling Heights Fatal Accident

In a wrongful death claim, the personal representative can seek compensation for the deceased person’s economic damages, such as ambulance and hospital bills, lost wages, and damaged property costs. They may also pursue compensation for non-economic damages, such as any conscious pain and suffering the person endured before their death.

A wrongful death claim can also allow the decedent’s family members to seek compensation for their economic and non-economic damages. These losses may include funeral and burial expenses and compensation for losing their loved one’s care, companionship, and support.

Can I File a Wrongful Death Case if a Criminal Case Has Also Been Filed?

State law enforcement officials may pursue criminal charges against the responsible party in some fatal accidents. For instance, a drunk driver who runs a red light and kills a pedestrian may face criminal charges for the act.

A wrongful death claim is considered a “civil” case. The decedent’s representative pursues this claim in a separate proceeding from any criminal charges. They can file a wrongful death lawsuit even if a criminal case is already proceeding or is likely to be filed. An experienced Michigan wrongful death attorney can help you understand the status of any criminal proceedings and ensure they don’t negatively affect your case.

Contact An Experienced Sterling Heights Fatal Accident Attorney Today

Many accidental deaths are preventable. If the negligence, recklessness, or intentional misbehavior of another person or company caused your loved one’s death, you can seek compensation and hold the negligent parties accountable. Talk to an experienced Sterling Heights injury attorney today about pursuing a wrongful death claim. Contact the Sommers Schwartz, P.C. team today to schedule a free, no-obligation case evaluation.