Worker Death Lawsuits in Michigan

A Michigan worker death lawyer could help you if a loved one died at work. Families may pursue wrongful death lawsuits against various defendants, including employers and third parties, following a worker’s death due to negligence. Compensation from these lawsuits can cover both economic damages, such as lost income and funeral expenses, and non-economic damages, like pain and suffering.

The Buckfire Law Firm is the only Michigan law firm specializing in wrongful death lawsuits. Hiring an experienced wrongful death attorney is crucial for maximizing settlements and navigating the legal complexities involved in these cases. Call us now to start your case!

• Can I Sue Outside of Michigan Workers’ Compensation Laws?
• Common Causes of Worker Deaths
• Legal Grounds for Filing a Worker Death Lawsuit
• Who Can File a Worker Death Lawsuit?
• Types of Compensation in Worker Death Lawsuits

Understanding Worker Death Lawsuits

When negligence results in severe injuries that culminate in a person’s death, the legal claim for personal injury may escalate into a lawsuit for wrongful death. This shift signifies the commencement of a strenuous path for the bereaved family, who must navigate complex legal issues while also dealing with their grief.

Entities commonly held liable in lawsuits concerning wrongful death include:

• Entities involved in construction
• Utility companies
• Contracting professionals
• Owners of properties
• Producers of faulty goods
• Negligent motorists and truck drivers

These groups are often taken to task for their negligent actions, which contributed to an untimely and tragic demise. The passing away of someone who is responsible as the main provider can wreak havoc on a family, both emotionally and financially. The abrupt loss of financial support, along with expenses associated with funerals and burial costs, can place families under extreme financial hardship. Being informed about available legal options provides these families with avenues to seek justice as well as monetary compensation.

A wrongful death lawsuit is typically initiated by a surviving family member, such as a spouse, dependent child, or other family beneficiary. Each case is unique, with various factors influencing the compensation related to wrongful death claims.

An elementary grasp of cases involving wrongful deaths sets up the groundwork necessary to dive into distinct facets related to law and procedure governing such suits.

Can I Sue Outside of Michigan Workers’ Compensation Laws?

After a workplace accident, dealing with its consequences often goes beyond filing for workers’ compensation. In Michigan, certain conditions necessitate pursuing legal action outside the realm of workers’ compensation legislation. This may include initiating lawsuits to obtain compensation for pain and suffering or other damages that are not covered by workers’ comp benefits, which is especially applicable in situations where there’s room for third-party claims against entities or irresponsible employees from different employers present on one job site.

Instances where defective equipment or products lead to a worker’s death could provide a basis for filing a wrongful death lawsuit. For instance, if malfunctioning machinery results in a fatality at work, it might be possible to hold the manufacturer accountable. Likewise, truck operators who experience accidents due to another driver’s errors can file third-party claims too. Such details are vital for bereaved families aiming to secure justice extending beyond what is offered through standard workers’ compensation provisions.

Common Causes of Worker Deaths

Deaths among workers often result from incidents that could have been avoided. Many of these workers could be alive today if adherence to safety protocols had been strictly followed. These fatalities typically occur due to mishaps on construction sites or through the carelessness of employers, leading to severe and sometimes lethal injuries. A notable portion of occupational fatalities arises from transportation-related events, including vehicular crashes, underscoring the necessity for rigorous safety measures and continuous monitoring.

A tragic instance is seen in the death of a construction worker who was struck by a dump truck while at work. In this situation, where an employee driving for another contracting company was involved, it underscores the complexity surrounding safety management and apportioning responsibility within building projects. Such instances amplify the urgent need for all-encompassing safety practices and clear accountability channels to curtail occurrences that lead to loss of life among workers.

Legal Grounds for Filing a Worker Death Lawsuit

To initiate a lawsuit for the death of a worker, it is essential to present incontrovertible evidence that negligence on the part of the employer was at fault. This often entails showing that safety protocols were disregarded or an unsafe workplace was allowed to persist, with issues such as insufficient training or inadequate equipment typically serving as justification for litigation.

In instances where there has been extreme neglect, punitive damages might be imposed to reprimand those responsible and discourage similar conduct in the future. Concurrently with these civil actions, families can seek out survivors’ benefits through workers’ compensation claims.  In many cases, the family can receive both workers’ compensation benefits and still file a Michigan wrongful death lawsuit.

Who Can File a Worker Death Lawsuit?

A wrongful death lawsuit is a legal action initiated by relatives when their loved one perishes due to another’s carelessness. In the state of Michigan, laws permit various family members, including spouses, siblings, parents, children, grandchildren, and dependents, to pursue such claims. These lawsuits provide families with an avenue for seeking both justice and monetary compensation following their loss.

Investigative findings from OSHA and MIOSHA are often instrumental in wrongful death cases as they contribute crucial evidence that can establish an employer’s or other party’s negligence or misconduct.  These lengthy reports include witness statements, safety requirements, and often result in fines for the employer for failing to adhere to the required safety protocol.

Types of Compensation in Worker Death Lawsuits

In lawsuits involving the wrongful death of a worker, compensation provides for harms and losses suffered by surviving family members.  While the workers’ compensation insurance pays economic losses for medical expenses, funeral bills, and some lost earnings, it does not include payment for the non-economic harm thrust upon the family.

Non-economic damages cover the intangible yet profound losses such as suffering and pain, deprivation of guidance, and absence of the loved one’s companionship. The impact of these losses can be equally or even more overwhelming than that of economic losses. Compensation awarded in these instances also accounts for emotional anguish and the void left by the deceased’s companionship. These damages are significant for the family of the deceased worker.

Example of a Worker Death Lawsuit Settlement

Buckfire Law represented the family of a 52-year-old construction worker killed on a worksite. He worked for an excavation company that was clearing away a property for a new project. An employee of another company was not paying attention and backed a bulldozer over our client, causing his death. He was survived by a wife and three children.

The workers’ compensation insurance company paid the family benefits under the employer’s policy, but these payments did not include compensation for loss of companionship. We filed a wrongful death lawsuit and won a $4,000,000 settlement for the family.

Contact a Michigan Worker Death Lawsuit Lawyer

It is essential to promptly seek legal counsel following a workplace incident to safeguard your rights. The award-winning lawyers at The Buckfire Law Firm are the best choice for your case.  We have the experience, skill, and resources to win a great settlement for your family.

Call us today to get started on your case.  There are no legal fees unless you win a settlement, and it costs nothing to start your case.  If your case is unsuccessful, you do not owe us a penny.

Frequently Asked Questions

Who is eligible to file a wrongful death lawsuit?

Surviving family members, including spouses, children, and domestic partners, are eligible to file a wrongful death lawsuit if a loved one dies due to someone else’s negligence.

What types of compensation are available in worker death lawsuits?

In worker death lawsuits, compensation typically encompasses economic damages, including medical and funeral expenses, lost income, and non-economic damages such as pain and suffering and loss of companionship. These components aim to address both the financial impact and emotional distress resulting from the loss.

Why is it important to hire a wrongful death attorney?

Securing the services of an attorney who specializes in wrongful death is vital as they are adept at increasing your likelihood of obtaining a more substantial settlement. They have the proficiency to meticulously collect evidence and skillfully manage the intricate details of legal procedures.

What is a worker’s compensation lien?

When you file a worker death lawsuit, a worker’s compensation insurance company has a legal right to claim back all the money it paid family members if there is a settlement.  This payback, or lien, is considered by our attorneys when negotiating the wrongful death settlement to make sure there is still a full recovery of all damages in the wrongful death case.