Westland Wrongful Death Lawyer: Trusted Support for Families After a Fatal Accident

Losing a Loved One in Westland: How a Wrongful Death Attorney Can Help Your Family Heal

Although Westland‘s official population was approximately 84,000 in 2022, the city’s proximity to Detroit, Dearborn, Ann Arbor, and Livonia makes it feel much busier. Thousands of people travel through and around Westland daily for work, school, and recreation. Despite the area’s relative safety, fatal accidents are still a tragic possibility.

Understanding Wrongful Death Claims—From Michigan Avenue to Marquette Park

Unintentional injuries are a leading cause of death among Michigan residents. In 2022, the CDC estimates that 6,425 Michigan residents died of accidental injuries, a rate of 59.2 accidental injury deaths per 100,000 residents. While this rate places Michigan in the bottom third of U.S. states, each death represents a significant loss to family members left behind.

A fatal accident can occur on the road, in the workplace, or at home. If you’ve lost a family member in an accident, contact an experienced Westland wrongful death attorney today.

Common Causes of Fatal Accidents in Westland: Roads, Jobs, and Everyday Life

Car accidents are a leading cause of accidental death in Michigan, accounting for 18.8 percent of all unintentional injury deaths in Michigan in 2023. According to Michigan State Police data, 1,095 people died in Michigan car accidents that year. Over half of these collisions involved more than one vehicle.

The top causes of fatal car accidents include alcohol use (17 percent), drug use (12.9 percent), and speeding (11.7 percent). About 29 percent of all fatal accidents occurred at intersections.

Tragic Workplace Accidents: Factories, Warehouses, and Construction Sites

The Bureau of Labor Statistics reports that 166 Michigan workers died on the job in 2023. Workplace deaths increased between 2022 and 2023 in Michigan, despite dropping nationwide.

Common causes of on-the-job fatal injuries included:

• Transportation incidents. One-third of fatal workplace injuries occurred in car accidents and other transportation-related incidents in 2023.
• Violent acts. Workplace violence accounted for 22 percent of all job-related deaths in Michigan in 2023.
• Contact incidents. In 2023, being struck by or pinned between objects and materials caused 17 percent of Michigan workplace deaths.
• Slips, trips, and falls. These common incidents caused 13 percent of Michigan workplace deaths in 2023.

Other injuries at work can also be fatal. Talk to an attorney to learn about how your family can pursue compensation if your loved one suffered a workplace fatality.

Slip-and-Fall Fatalities: From Cherry Hill Village to Local Businesses

The Michigan Department of Health and Human Services (MDHHS) reports that 1,574 Michigan deaths were caused by falls in 2023. Falls remain a leading cause of death for older adults; in 2023, 1,400 of the recorded fall deaths occurred in individuals over age 65.

However, people of any age can face fatal injuries from a fall. In 2023, fall injuries killed 151 people between the ages of 45 and 64 and 20 adults between 25 and 44 years old. Three teens and young adults, ages 15 to 24, also died in fall-related accidents.

Falls are a common source of serious injury in premises liability claims. These cases focus on unreasonably dangerous conditions, usually on commercial property.

Other Local Hazards: Fires, Poisonings, and Public Spaces

Other causes of accidental death in Michigan in 2023 included:

• Accidental poisoning. In 2023, 2,506 people died of accidental poisoning.
• Smoke, fire, and flame-related injuries. Burn injuries and smoke inhalation claimed 117 lives in Michigan in 2023.
• Drowning. Drowning and submersion caused 71 unintentional deaths in Michigan in 2023.

An additional 697 fatalities were attributed to “unspecified accidents and adverse effects.”

Who Can File a Wrongful Death Lawsuit in Westland, Michigan?

An injured person can file a “personal injury” claim. When an accident claims a life, the personal representative of that person’s estate can file a wrongful death lawsuit. This type of case asks for damages on behalf of the deceased person and their surviving family members.

Personal Representatives: Who Steps Forward for Your Family?

Michigan law requires wrongful death claims to be filed “by, and in the name of, the personal representative of the estate of the deceased.”

If the deceased person had a will or other estate plan, this plan likely names a personal representative (sometimes called an “executor”). Otherwise, a court can appoint someone to perform this role. The personal representative is often a family member, but can be anyone the court deems fit to serve.

The personal representative files and pursues the claim in court on behalf of the decedent’s “estate.” They take the decedent’s place to pursue the claims they would have had. They can also seek compensation for surviving family members on their own claims, including the loss of the decedent’s company and support.

Proving Negligence: How Westland Wrongful Death Cases Are Won

Most wrongful death claims are based on negligence. To win the case, the personal representative and their Westland wrongful death attorney must provide enough evidence to establish that:

• The defendant (the party against whom the case is filed) had a duty to use reasonable care to prevent harm.
• The defendant breached, or failed to meet, that duty.
• The breach was the actual and foreseeable cause of the deceased person’s fatal injuries.
• The loss can be compensated with monetary damages.

Many situations in daily life create a duty to use reasonable care to prevent harm to others. For example, every driver on Michigan roads has a duty to control their vehicle, follow traffic laws, and take reasonable steps to avoid or prevent a crash.

Michigan business owners have a legal duty to keep their premises reasonably safe for visitors or to warn visitors about hidden dangers that cannot be immediately fixed. Companies that make workplace tools and equipment have a duty to make these items reasonably safe for their intended use or to warn users about hidden dangers that cannot be eliminated.

A wrongful death lawsuit can help families establish what caused their loved one’s death. If someone failed to live up to their duty and caused fatal injuries, a lawsuit can allow them to recover compensation.

Act Fast: Time Limits for Filing a Wrongful Death Lawsuit in Michigan

A case not filed in court within the applicable time limit will likely be dismissed. Filing a case in time is essential to protect your right to have a court hear the case. In general, the time limit for filing a wrongful death claim in Michigan is three years from the date of death or two years from the date a personal representative is appointed. However, other factors may affect your time to file a claim.

An attorney can calculate exactly when the deadline falls in your case and make sure your case is filed within the time limit. Talk to a knowledgeable Westland wrongful death lawyer as soon as possible. If the time limit has expired, an attorney can suggest other avenues for pursuing compensation.

What Compensation Can Westland Families Recover After a Tragic Loss?

Like personal injury cases, most wrongful death cases seek two types of compensation. “Economic” damages compensate the estate and family for financial costs related to the death. “Non-economic” damages compensate the estate and family for personal losses.

Common economic or financial losses in a wrongful death include:

• Final medical bills for the deceased person, such as emergency and hospital care.
• Lost wages that the deceased person can no longer earn.
• Funeral and burial expenses.
• The costs to repair or replace damaged property, such as a totaled vehicle.

In a sudden death, the non-economic or personal losses are significant. They include both the deceased person’s losses and the family’s losses. Common non-economic or personal losses connected to a wrongful death include:

• Conscious pain and suffering the deceased person experienced before death.
• The family’s loss of the care, companionship, and support of their loved one.

A wrongful death claim typically focuses on financial compensation. These cases cannot restore a lost person’s life, and the outcome does not represent the true value of a person’s life, especially to their loved ones. However, a lawsuit can help family members recover essential compensation for their losses. It can also be a way to hold a negligent party accountable for their actions and provide some closure to their family.

Should I Hire a Westland Wrongful Death Attorney?

A dedicated Westland wrongful death lawyer can help you in many ways. Key tasks your wrongful death lawyer will handle include:

• Investigating the incidents leading up to the death and preserving evidence.
• Negotiating with insurance companies and other parties for compensation.
• Preparing a strong case on your behalf to go to trial if necessary.
• Helping you file any necessary paperwork to appoint a personal representative, open a probate estate, or take care of other legal matters related to the death.
• Protecting your legal rights and answering your questions throughout the legal process.

After a sudden death, the burden of grief can be overwhelming, making it harder to manage chores, bills, and other necessary tasks. While taking on a lawsuit can seem impossible, an experienced attorney can help you carry the load. They can help protect your rights and provide for your future, allowing you to focus on yourself and your loved ones.

To learn more, contact the Sommers Schwartz, P.C. team today. Call us or use our online form to schedule a free, confidential, no-obligation consultation.