What Is A Wrongful Death Lawsuit?

On Behalf of | Nov 9, 2023 | Firm News |

If somebody dies due to the negligence of another person or entity, the family may file a wrongful death lawsuit. The family must prove that their loved one died because of another person or entity’s wrongdoing, and that applies in truck/car accidents, slip and fall accidents, trip and fall accidents, product liability cases and other negligence cases. If your family is grieving the loss of a loved one whose death was caused by negligence, contact Bill Boyer, Michigan wrongful death attorney, at the Boyer Law Group to get the Boyer Promise.

Losing a family member is 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 the Boyer Law Group, we’ve handled wrongful death cases arising from all types of accidents such as truck and car accidents, trip and falls, boat accidents, along with other types of accidents. Based on our extensive experience as wrongful death attorneys, Michigan residents have come to trust the Boyer Law Group as one of the best in the business. The Boyer Law Group has obtained some of the largest settlements and verdicts.

WHAT DAMAGES CAN BE CLAIMED IN 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 but can include pain and suffering for the injuries sustained by their loved one before they died. Among the damages available to plaintiffs in wrongful death cases include:

• conscious pain and suffering
• 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 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 use for a consultation.

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. The law requires
that people behave in a certain manner to ensure the safety of others.
The 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 ust show unreasonable behavior.

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:

  • Care accidents caused by negligent driving
  • Worksite injuries caused by poor safety equipment
  • Death in a hospital caused by medical malpractice
  • A fatal plane crash caused by faulty aircraft
  • Slip and fall accidents resulting in death

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 cares 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 Boyer Law Group has extensive experience in products liability cases, including those causing wrongful deaths.

CONTACT BOYER LAW GROUP TODAY FOR A FREE CONSULTATION.

Boyer Law Group has been representing families in Michigan for over 50 years in wrongful death actions. Our reputation as a fighter of our client’s rights is backed up by million dollar verdicts and settlements, and if we are able to take your case, we will fight for your rights.