Damages a Family Can Seek Through a Wrongful Death Claim

Damages a Family Can Seek Through a Wrongful Death Claim

Posted on:
September 26, 2017
Wrongful Death
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When an individual dies in an accident, either immediately or in the weeks or months that follow from the injuries he or she sustained in the accident, one of the individual’s survivors can file a wrongful death claim to seek compensation for their damages related to the death.

Although some of the same damages that can be sought through a personal injury claim can be sought through a wrongful death claim, the two are quite different from each other. With a wrongful death claim, the compensation received can go to the victim’s estate or directly to his or her family members, depending on the expenses that accompanied his or her death.

The victim’s spouse, children, siblings, parents and grandparents, stepchildren, and any others to whom he or she left property in his or her will can receive compensation through a wrongful death claim. In Michigan, the statute of limitations for wrongful death claims is three years from the date of the victim’s death. In Michigan, a personal representative of the victim’s estate must be the one to file the wrongful death claim. This individual may name multiple loved ones as recipients of damages from the claim. Claimants can seek compensation for the following damages

Medical and Pain and Suffering Expenses for the Victim

If the victim received medical treatment after his or her accident and experienced pain and suffering damages, his or her loved ones can seek compensation for these damages through a wrongful death claim. These are compensated to the victim’s estate.

Funeral and Burial Expenses

Like medical expenses, the cost of the victim’s funeral is compensated to his or her estate, rather than directly to his or her family members.

Loss of the Victim’s Income and Other Contributions to the Household

Family members can seek compensation for the loss of the victim’s income and employment benefits. This can include compensation for the victim’s current earnings as well as his or her projected earnings over the remainder of his or her career if he or she had survived. Claimants can also seek compensation for the nonfinancial contributions the victim made to his or her household, like housework and household repairs.

The Family’s Personal Damages

A deceased victim’s loved ones can also seek compensation for the pain and suffering they experience as a result of the death, such as the emotional despair of losing a loved one. They can also seek compensation for the loss of the victim’s companionship, guidance, and love. Unlike medical and funeral expenses, these damages are awarded directly to the victim’s family members.

Work with an Experienced Clayton Township Wrongful Death Attorney

Losing a loved one to an accident can be devastating. Although no amount of financial compensation can replace your loved one, it can help you and your family avoid facing financial hardship because of your loss. To learn more about filing and pursuing a wrongful death claim in Michigan, contact our team of wrongful death attorneys at Nickola Law today to set up your free consultation with us.


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