If you lost a loved one in an accident in St. Joseph, Michigan, your family may be entitled to compensation through a wrongful death claim. Call Southwest Michigan Injury Lawyers for a free consultation at (269) 529-9377. Our St. Joseph wrongful death lawyers can help you pursue legal action and recover the compensation you deserve.
Our legal team has 25 years of combined experience and has recovered tens of millions of dollars for clients across southwestern Michigan. When your family is going through something this difficult, you deserve to have a trial attorney on your side who treats your case with the attention and urgency it calls for. That’s exactly what we can provide you with.
Why Choose Southwest Michigan Injury Lawyers After a Wrongful Death in St. Joseph, MI?
Losing a close family member is one of the most devastating experiences imaginable. Trying to handle a legal claim on top of everything else you’re going through may feel impossible. At Southwest Michigan Injury Lawyers, our goal is to take the weight of the legal process off your shoulders so that you can focus on what matters most: your family.
Reasons to hire Southwest Michigan Injury Lawyers for your wrongful death claim:
- We will immediately prioritize your case and ensure you receive the necessary resources and attention.
- We have decades of experience handling personal injury and wrongful death claims.
- We can hire leading expert witnesses to strengthen your case when appropriate.
- One of our attorneys has received recognition from Super Lawyers, Top 40 Under 40, Best Lawyers, and other respected legal organizations.
- We prepare every case as though it may go to trial, which can strengthen our position during settlement negotiations.
Our St. Joseph personal injury attorneys can guide your family through each step of the legal process with care and urgency. Contact us today to get started with a free consultation with a St. Joseph wrongful death attorney.
How Do Wrongful Death Cases Work in Michigan?
Michigan’s Wrongful Death Act allows the families of people who are killed due to another party’s “wrongful act, neglect, or fault” to file a civil lawsuit for damages. At its core, the law works as an extension of personal injury law. If the deceased would have had the right to bring a personal injury claim had they survived, the claim passes to their estate.
Who Can File a Wrongful Death Claim?
Under this statute, the wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is a person appointed by the probate court to act on behalf of the estate and the family members who may be entitled to a share of the recovery.
The personal representative is often a surviving spouse or adult child, though anyone appointed by the court can serve in this role.
Who May Be Eligible to Receive Wrongful Death Damages?
The following family members may be eligible to receive damages through a wrongful death claim:
- The deceased’s spouse
- Children and descendants
- Parents and grandparents
- Brothers and sisters
- Stepchildren or stepparents who were financially dependent on the deceased
Note as well that a wrongful death lawsuit takes place in civil court, not criminal court. Even if criminal charges are filed in connection with the same incident, the two cases are entirely separate. The burden of proof in a civil case is lower as well, meaning you can still win your wrongful death claim regardless of how the criminal case turns out.
How Much Is My St. Joseph Wrongful Death Claim Worth?
No dollar amount can ever make up for the loss of a family member. However, damages are the only remedy the civil court system can provide, and pursuing full compensation is one of the most important things your family can do to protect your future.
Several factors will affect what your claim is ultimately worth:
- The age and health of the deceased at the time of the accident
- Their income, earning potential, and financial contributions to the family
- The nature of the companionship and support they provided
- The circumstances of the accident and the strength of the evidence
- Whether the deceased bore any share of responsibility for what happened
Wrongful death claims can result in substantial recoveries, but reaching that outcome often requires experienced legal help. Contact our St. Joseph personal injury attorneys today for a free case evaluation.
What Kinds of Damages Can I Recover by Filing a Wrongful Death Claim?
Michigan’s Wrongful Death Act outlines specific categories of compensation that surviving family members can pursue. These damages fall into two broad groups.
The first covers the financial impact of the death on the surviving family. This includes things like:
- Loss of the deceased’s income and future earning potential
- Loss of benefits and services the deceased provided
- Survivors’ loss of consortium
- Loss of care, companionship, and guidance
- Survivors’ mental anguish and emotional pain
The second addresses costs the estate has taken on as a direct result of the death:
- Medical and hospital expenses incurred before the deceased passed
- Funeral and burial costs
- Pain and suffering the deceased experienced while conscious between the time of injury and death
Michigan does not impose a cap on wrongful death damages in most cases, though medical malpractice claims are subject to separate limits on non-economic damages.
How Much Does It Cost to Hire a Wrongful Death Lawyer in St. Joseph, MI?
Our team at Southwest Michigan Injury Lawyers works on a contingency fee basis. Your family won’t owe anything upfront, and there are no hourly rates to worry about either. We only collect attorney’s fees if we recover compensation for you through a settlement or verdict.
This arrangement is designed to benefit both sides. Your family can hire an experienced legal team regardless of your financial situation, and our attorneys will be incentivized to fight for the highest possible financial recovery we can in your case.
What if My Loved One Is Being Blamed for the Accident?
Michigan follows a modified comparative negligence standard. Per this rule, your family can still recover compensation as long as your loved one was less than 51% responsible for the accident that caused their death. However, the total damages will be reduced by whatever percentage of fault is assigned to them.
For instance, if the court determines that your loved one was 25% at fault and the total damages are $800,000, the recovery would be reduced to $600,000. If their share of fault reaches 51% or higher, the right to secure compensation from the responsible party may be lost entirely.
The defendant’s insurance company will almost certainly try to shift blame onto the deceased to reduce what they have to pay. Having an experienced wrongful death attorney on your side is critical in these situations, as we can respond to those allegations with evidence and protect the value of your family’s claim.
We Can Help With Any Type of Wrongful Death Case in St. Joseph, MI
Our lawyers have decades of experience and are qualified to represent families in all types of wrongful death cases in the St. Joseph area.
These include, but are not limited to, claims involving:
- Car crashes
- Truck crashes
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Premises liability
- Slip and fall accidents
- Product liability
- Nursing home abuse and neglect
We’re here to help, no matter the exact circumstances of your case. Reach out to our wrongful death attorneys in St. Joseph today to learn more and set up a free consultation.
How Much Time Do I Have To File a Wrongful Death Lawsuit in Michigan?
In most cases, Michigan law gives your family three years from the date of death to file a wrongful death lawsuit. Certain circumstances can dramatically shorten that deadline or require a notice to be filed quickly after the incident, so contact an attorney as soon as possible.
Keep in mind that a personal representative must be appointed through probate court before the lawsuit can be filed. That process takes time, so getting started early is always in your family’s best interest. Our wrongful death lawyers in St. Joseph can help coordinate the probate steps and make sure your claim is filed well within the deadline.
Contact Our St. Joseph Wrongful Death Attorneys for a Free Consultation
Did you lose a family member due to someone else’s negligence in St. Joseph, Michigan? You may be entitled to significant compensation through a wrongful death claim under Michigan law. Southwest Michigan Injury Lawyers is here to support your family through every stage of the process.
Our St. Joseph wrongful death lawyers have recovered tens of millions of dollars on behalf of injury victims and their families. Contact us today for a free consultation to learn more about what we can do to help.
