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Wrongful Death 10.28.2021

What is the Wrongful Death Statute of Limitations in Michigan?

If you’ve found yourself looking into information around wrongful death lawsuits, chances are you’ve suffered a devasting tragedy and are looking for answers. In times like these, hopefully the following straightforward information and actionable plan will illuminate the way forward for you.

Timeline for Wrongful Death Civil Suits in Michigan

Wrongful death claims arise when something someone has tragically lost a loved one. Simply put, Michigan law recognizes wrongful death as being when a person dies due to the negligence or willful and wrongful act of another entity or individual. Although accidents are a part of life, sometimes loss of life would have been preventable with reasonable precautions or a dash of common sense foresight. And simply put, we have an obligation to one another in society to make sure that our fellow citizens don’t pay the ultimate price for someone else’s negligent, bad actions.

Michigan law allows the surviving family member or court appointed personal representative(s) of the deceased to file a wrongful death claim, which is considered a civil suit where the consequences will potentially result in a financial settlement or judgment. Note that this is different from any criminal proceedings, although there is nothing to prevent both a criminal and civil case from occurring simultaneously in the same wrongful death incident.

One of the most important parts of a case is the (deadline) statute of limitations for wrongful death suits in Michigan. While the law provides ample opportunity for victims’ families to seek justice for a wrongful death, the law also uses the statute of limitations as a safeguard to avoid opportunistic and/or questionable legal action long after the death has occurred.
In Michigan, you have exactly three years from the date of the death in question to file a wrongful death claim before the statute of limitations ends any possibility for bringing a lawsuit. There are very limited exceptions.

Who Can Sue For Wrongful Death in Michigan?

Understandably, law sets a limit who is able to collect money damages as a result of someone’s wrongful death. These suits are usually brought by the decedent’s spouse/domestic partner but can also be filed by their children or parents.

If there are no eligible next of kin to bring the legal action on the deceased’s behalf, then usually a lawsuit can be filed by a family member that would otherwise be entitled to receive assets from the deceased’s estate on their behalf. This might include siblings or more distant relatives. Consulting with a wrongful death attorney in Michigan can give you better visibility into the legitimacy of your potential claim.

Experienced Wrongful Death Attorneys in Detroit, MI

Given the three year statute of limitations for wrongful death claims in Michigan, as well as the seriousness of the matter in terms of both the emotional and financial consequences, the attorney you choose to represent you is critical.

The quality of your legal team representation may mean the difference between winning and losing. Our law firm will work tirelessly to bring some measure of comfort to your grieving family. At Joseph Dedvukaj Firm, we’ve been litigating wrongful death cases for our clients successfully for years. We understand how important a wrongful death is to give the loved one’s closure in holding defendants accountable and we have compassion and discretion with our clients while zealously advocating for them and their case.

Best Michigan Wrongful Death Lawyers

If you have any question about the potential viability of a wrongful death claim, or simply want to discuss your rights, we discreetly provide free legal consultation, so contact us today at 248-352-2110 or toll free at 1-866-447-3563 to discuss your rights and options.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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