A Michigan daycare provider will have to pay $1.8 million after pleading guilty to the neglect that led to the death of a toddler by an 8-year-old girl. The former daycare provider was also sentenced to five years of probation. Korey Landon, a 14-month-old, was in the care of Keysha Collins when another child killed the toddler. The death was ruled a homicide, but the child will not be charged because state law does not allow for charges for children under 10. Collins was accused of inadequately supervising the children in her care.
In the state of Michigan, when a death is caused by neglect, a wrongful act, or the fault of another person, a wrongful death suit can be brought forth. A wrongful death lawsuit is a civil lawsuit that is filed by either the family or the estate of the deceased person, and the liability is expressed entirely in monetary damages. In the above case involving Collins, wrongful death can also result in criminal charges. Criminal charges differ from the civil case in that the charges are filed by the state and penalties can include prison time.
Michigan law requires either the family or a personal representative of the deceased person’s estate to file the claim. If a family member files the lawsuit, only certain members of the family may receive damages. Those family members who can seek compensation include the following:
If no immediate family is living, or if the person who has died had no will, anyone who might have inherited the person’s estate can be eligible to receive damages in the wrongful death lawsuit. This could include aunts, uncles, and cousins.
Once the estate or family member establishes that the other person is legally liable for the death of the deceased person, the court can award monetary damages to the estate. Damages that may be awarded include:
If damages are awarded, Michigan law requires that all expenses such as medical, funeral, hospital, and burial be paid directly from the damages award. The remaining money can then be split among family members and people listed in the deceased person’s will.
Michigan law requires that wrongful death claims be filed within three years from the date of death of the person. If a case is not filed in that time, the right to file such a claim can be lost forever. Due to this time constraint, it is imperative that if you have lost a loved one due to the negligence of someone else, you contact a wrongful death attorney as quickly as possible.
The attorneys at Nickola Law have experience handling wrongful death cases and can help you be sure that you receive all the compensation to which you are entitled. While a lawsuit can never replace your loved one, it can help relieve the financial burden due to your loss. Contact them today for a consultation.
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