In a wrongful death suit, a family must prove that their loved one died because of another person or company’s wrongdoing, and that applies in negligence cases and products liability cases all the same. If your family is grieving the loss of a loved one whose death was caused by negligence, contact one of our Michigan wrongful death attorneys today – we’re ready to assist you.
Michigan Wrongful Death Lawsuits
Losing a loved one is already a traumatic experience for any family to endure, but when a loved one’s death was preventable, grieving becomes even more difficult. Grief can be even further worsened by financial hardships that may arise from the death, as medical expenses, burial costs, and loss of income can be devastating to a family.
Wrongful death lawsuits exist to compensate families for these types of losses. At Fieger Law, we’ve handled wrongful death cases arising from all types of factual situations – medical malpractice, airplane accidents, and car accidents, just to name a few of many. Based on our extensive experience as wrongful death attorneys, Michigan residents have come to trust Fieger Law as one of the best in the business.
Damages Available in Wrongful Death Cases
While wrongful death lawsuits are similar to personal injury lawsuits, they differ as to the damages that are available to plaintiffs. A wrongful death lawsuit’s purpose is to compensate a family for the loss of their loved one, and not necessarily for the injuries sustained by their loved one before they died. Among the damages available to plaintiffs in wrongful death cases include:
- Medical bills and healthcare expenses
- Costs of burial and funeral expenses
- Loss of wages and earning potential for the family
- Loss of consortium and companionship
- Punitive or exemplary damages in severe cases of wrongdoing
Punitive damages, sometimes known as exemplary damages in Michigan, are available in cases of extreme wrongdoing. The types of damages available in any given case depend on where the case is filed and the specific facts at hand. While our team is based in Michigan, we have experience filing lawsuits across the country, and accident victims in any state should reach out to us for a consultation.
Negligence and Product Liability in Wrongful Death Cases
While the damages in a wrongful death case are slightly different from a personal injury case, the legal frameworks are the same. In short, a family still must prove that their loved one’s death was caused by another person’s wrongdoing. Negligence and products liability are two contexts in which cases are frequently filed by our wrongful death attorneys in Michigan.
Wrongful Death Caused by Negligence
Proving a negligence case requires (1) a duty of care, (2) a breach of that duty, (3) an injury, and (4) sufficient causation between the breach and the injury. In other words, the law requires that people behave in a certain manner to ensure the safety of others.
In most cases, that standard is the “reasonable person standard,” which means that every person has a duty to act reasonably. In other cases, specific duties of care apply to special relationships, such as a business owner to a patron, but in all negligence cases, a plaintiff must show wrongdoing.
In wrongful death cases, the law of negligence is applied in the same way – a family must show that in causing their loved one’s death, the defendant breached a duty of care owed to the deceased victim and thereby caused their death. Examples of negligence causing death include the following:
- Car accidents caused by reckless driving
- Jobsite injuries caused by poor safety equipment
- Death in a hospital caused by medical malpractice
- A fatal plane crash caused by faulty aircraft
Products Liability in Wrongful Death Actions
Products liability cases arise from any faulty or defective product, including medication, medical devices, consumer products, and equipment, and these cases are brought against the manufacturer, distributor, or seller of the product. Products liability cases represent the largest average jury verdicts of any type of personal injury lawsuit, as according to the Insurance Information Institute, the average jury verdict in a products liability case was more than $7 million in 2020.
Products liability cases are among the most complicated of all personal injury lawsuits, as proving a products liability case involves a strict set of standards that must be met for a claim to succeed. Cases can arise from defects in design, inadequate safety warnings, and defects in manufacturing. Our team at Fieger Law has extensive experience in products liability cases, including those causing wrongful deaths.
Contact Fieger Law Today for a Free Consultation
Fieger Law has been representing families in Michigan and across the country for decades in wrongful death actions. Our reputation as a fierce defender of rights is backed up by more million-dollar verdicts and settlements than any other law firm in the nation, and if we’re able to take your case, we’ll fully defend your rights.
Contact us today to set up a free consultation on your prospective wrongful death lawsuit.