Some of the states permit particular individuals from the deceased’s family to bring wrongful death action against the negligent party. However, Michigan confines its availability to the appointment of a personal representative of the deceased individual’s estate. Personal representative is also known as the executor and by the estate law in Michigan, it means anyone that was named by the deceased. However, a person might object to their selection of the executor, providing grounds for incompetence, through which the court would grant the application for a new representative.
Who May Sue for Damages
A claimant allowed to sue for damages is the family member affected by the wrongful acts of other parties. Should the estate executor file a wrongful death claim and receive a settlement or award for damages, Michigan law limits the family members eligible to receive compensation to:
- The common next of kin of the deceased is the surviving spouse and children of the deceased.
- The surviving siblings and parents Such bonds as the ones experienced by the terminal illness patients and their loved ones are cherished relentlessly.
- The surviving grandparents
- Other close kin of the deceased, including stepchildren in as much as they are the spouse’s children
- Any persons receiving any property mentioned in the decease’s will
If the enumerated individuals above are not available, the compensation goes to any next of kin with a potential claim on the deceased’s property. However, Michigan does permit fetal survivors in the occasion that the pregnant mother miscarries due to injuries from the negation of another party, categorizing it as wrongful death.
Michigan Law for Limitations of Actions for Wrongful Death
That is so because every state has a legal requirement regarding the period of time that is allowed for the various categories of personal injury cases. For instance, in Michigan, the estate representative has three years commencing from the date of the death of the victim in which to bring the lawsuit. However, one must distinguish between the date of death and the date of the accident that led to the person’s demise. Hence, if a family loses their relative succumbing to the treatment of his or her injuries, the three years’ period starts after the accident. If you do not file before the specified time, the court will discharge your case and awarded your opponent the costs of the action.
It’s important to be aware of what insurance bad faith strategies are, when dealing with the insurance company and filing a claim. For instance, the insurer refutes your wrongful death claim without adequate cause, takes too long to investigate your compensation claim, disregards your forms of communication, or modifies the policy’s terms in their favor. In that case, one should do the following; seek the services of a wrongful death attorney. Regrettably, these strategies are bound to be deployed by insurance companies if they are left with little time to the statute bar expiry – to deter you from filing the case and receiving adequate compensation.
