What To Do if a Family Member was Killed in a Car Crash

Yes, you can sue if a family member dies in a Michigan car accident. Car accident deaths are a tragic reality, and understanding your legal rights in such situations is crucial. This type of lawsuit is known as a wrongful death claim. It allows you to seek compensation from the person whose negligence caused death and make other insurance claims too.

It is essential to hire an experienced Michigan wrongful death lawyer to handle your case. There are many possible sources of insurance settlements available to family members who lost their loved one in a fatal motor vehicle crash. The Buckfire Law Firm is the only Michigan law firm that specializes in wrongful death cases. Call our award-winning law firm to start your case now.

• Who Can File a Michigan Wrongful Death Claim?
• Proving Negligence in a Wrongful Death Case
• Identifying All Potentially Responsible Parties and Insurance Companies
• Types of Damages Recoverable in Wrongful Death Lawsuits
• Steps to Take After Losing a Loved One in a Car Accident

Understanding Wrongful Death Claims in Car Accidents

When a family member’s life is lost due to the misconduct, carelessness, or failure of another individual, a wrongful death claim can be filed. In incidents involving car accidents and related motor vehicle accident claims, these claims target the at-fault driver whose actions have resulted in someone’s death. Common causes of fatal car accidents include:

• Excessive speed
• Drag racing
• Drunk driving, DUI and DWI
• Running red lights and stop signs
• Rear-end crashes
• Wrong-way driving on highways and streets
• Distractive and inattentive driving

Michigan has a wrongful death statute that sets forth the legal process and damages in cases after someone dies in a car accident. There are many types of claims to be made by family members and it is essential to hire an experienced fatal accident lawyer to ensure all monies are paid.

Who Can File a Michigan Wrongful Death Claim?

In instances of wrongful death, immediate relatives like spouses, offspring, or parents are granted the right to initiate a wrongful death claim. These family members stand at the forefront of pursuing both justice and financial compensation for their loss.

Multiple family members can serve as the “front person” or “family representative” to both hire a lawyer and file the case. In most cases, the family agrees on who will take responsibility to start the case and represent the entire family in the lawsuit.

If there is no agreement among family members, the probate court judge can determine which person is best suited for this role and will appoint that person as the Personal Representative of the estate to pursue the wrongful death claim. This person then hires the attorney and is the court representative in the case. Under both scenarios, all family members have the right to present their claims for compensation at the end of the case before the judge.

If the decedent had a written will that appointed a personal representative, that individual will likely be appointed to pursue the wrongful death case. However, it is not the determining factor and often the family agrees that another person should be appointed to that position.

Proving Negligence in a Wrongful Death Case

Establishing negligence is a crucial component of any wrongful death case. The party filing the claim must prove that the defendant was at fault and caused the death.

Essential types of evidence necessary for substantiating negligence are as follows:

• Surveillance videos from government cameras and private businesses
• Statements from eyewitnesses
• Reports compiled by law enforcement agencies
• Information downloaded from vehicle data recorders that show the speed, braking, and other information from the striking vehicle
• Subpoena text and cell phone records of the driver who caused the crash
• Health-related records, like EMS records, hospital reports, and autopsy findings.

Our experienced legal team will fully investigate your case and do everything possible to secure all evidence that will help win your case. We regularly win the highest wrongful death settlements in Michigan after a family member was killed in a car accident.

Identifying All Potentially Responsible Parties and Insurance Companies

One of the most important jobs of an attorney pursuing a wrongful death lawsuit after an auto accident is to identify every possible person and entity that might be liable for the death.  The driver that caused the death is clearly one party, but there are often others including the:

• Owner of the vehicle driven by the negligent party
• Employer of the person driving the striking vehicle
• Rideshare company used by the defendant driver
• Package delivery company employing the negligent driver
• A bar or restaurant that served alcohol to a drunk driver
• Government entity responsible for maintaining roads and highways

In addition, there can be multiple sources of insurance to go after maximizing the settlement. This includes uninsured motorist coverage, underinsured motorist coverage, umbrella policies, and other insurance policies that the insurance company may try to hide from you.

Types of Damages Recoverable in Wrongful Death Lawsuits

Families pursuing wrongful death lawsuits may seek different forms of compensation to address their loss. This includes economic damages, which are quantifiable financial losses resulting from the death, and non-economic damages that encompass the emotional and psychological toll on surviving family members. Understanding these damage categories is essential when seeking just compensation in such legal actions.

Economic Damages

Wrongful death claims involve seeking recompense for measurable monetary losses that the family of the deceased incurred, such as medical expenses prior to death, costs related to funeral and burial services, and lost income. Families may pursue compensation for projected future earnings that would have been provided by the deceased. Providing documentation like bills and salary records is vital to obtaining this form of restitution.

The party at fault might be obligated to pay various costs, encompassing those associated with funeral and burial services, outstanding medical bills before death, as well as counseling fees for relatives mourning their loss. The thorough documentation and presentation of these expenditures can greatly influence a family’s ability to recover compensation since said responsible party could also face legal responsibility for covering these charges.

Securing the expertise of an attorney proficient in wrongful death cases can offer invaluable guidance to bereaved families attempting to claim what they are rightfully owed in terms of economic damages ensuing from the untimely demise of their loved one.

Non-Economic Damages

Non-economic damages serve to mitigate the psychological and emotional impact incurred by family members due to the loved one’s death, accounting for mental pain, diminished familial relationships, and overall distress. The term ‘mental anguish’ represents the deep-seated emotional suffering that surviving relatives endure. Meanwhile, loss of companionship denotes how deeply severed relational ties affect the collective well-being of a family.

The concept of pain and suffering encompasses both physical discomfort as well as psychic trauma caused by a family member’s death. While economic losses might be more tangible and straightforward in their assessment, non-economic damages are less concrete but equally essential in securing just compensation for those left behind.

Examples of Michigan Auto Accident Death Settlements

Settlements from auto accident deaths in Michigan provide insight into the possible outcomes of wrongful death lawsuits. Cases involving semi-trucks and commercial vehicles often have the highest settlement amounts because of their large insurance policy liability limits.

Some examples of settlements paid to families who lost a loved one in a car crash include:

• $15,000,000 settlement for a large truck accident
• $14,000,000 arbitration award in wrongful death lawsuit
• $10,000,000 settlement for a package delivery truck accident
• $9,000,000 settlement for a truck jackknife accident
• $7,500,000 jury verdict in a wrong-way car crash
• $5,100,000 for a pedestrian struck by a snowplow

These instances highlight how vital competent legal representation is when it comes to securing top settlements and obtaining maximum compensation on behalf of families who have lost loved ones. If your family member was killed in a Michigan car accident, you should contact the award-winning lawyers at The Buckfire Law Firm to start your case now.

Statute of Limitations for Filing Wrongful Death Claims

It’s imperative for families to recognize the significance of the statute of limitations when considering wrongful death claims. Typically, there is a three-year window from the time of their loved one’s passing to file these claims. Failure to meet this critical deadline may lead to forfeiture of rights to pursue compensation, even if their case has strong grounds.

Michigan No-Fault Insurance Survivor Benefits

In Michigan, dependents of individuals who have died in car accidents are entitled to survivor benefits under the No-Fault Insurance system. This financial assistance is available for a period of up to three years and aims to compensate for the income and support that the deceased would have provided. The scope of these benefits includes replacement services costs, lost fringe benefits, as well as after-tax earnings.

The right to receive these survivors’ loss benefits extends exclusively to those dependent on the decedent at their time of death, typically managed by a personal representative. This group may consist of spouses (including a surviving spouse) and children under 18 years old.

Other survivor loss benefits include payment of funeral and burial expenses. In addition, if the decedent was hospitalized or received medical care prior to death due to accident-related injuries, the auto insurance company is required to pay those bills.

The Role of a Wrongful Death Attorney

Following a fatal car accident, families often find themselves navigating through complex legal proceedings, and a car accident attorney is instrumental in guiding them. A wrongful death attorney is instrumental in guiding them by initiating a wrongful death lawsuit and meticulously investigating the circumstances of the accident.

Our lawyers are adept at collecting evidence to bolster the case and staunchly fighting for the fights of family members throughout the process. The Buckfire Firm will identify all liable parties and their insurance companies to secure your family the maximum possible settlement.

Steps to Take After Losing a Loved One in a Car Accident

Losing a loved one in a car accident is devastating and knowing what steps to take can be overwhelming. The first crucial step is to get a lawyer. Preserving evidence and notifying insurance companies are also critical initial actions. A free case evaluation helps families understand their legal rights and the potential for compensation.

Free Case Evaluation and Legal Support

It literally costs you nothing to find out if you have a case. Our lawyers will discuss your case with you at no charge to let you know if you have a viable wrongful death case.

If you do have a case, we will represent you under our No Fee Promise. This means you will not be charged a penny unless you win a settlement. If we get you a settlement, our attorney’s fees are a percentage of the settlement award. If your case is unsuccessful for any reason, you owe us no money. We put that in writing for you!

Get Buckfire Law Now to Start Your Case

Start your case today with The Buckfire Law Firm to guarantee you receive the maximum possible settlement. Losing a family member in a fatal car accident has long-standing devastating effects and it is important to choose the best lawyer for your case.