How To Prove A Michigan Wrongful Death Claim

 

 

In Michigan, a claim of Wrongful Death is defined as:

Wrongful death is the basis for a lawsuit where one person causes the death of a family member who has lost the company and support of the deceased.

It simply means:

The death of a human being as the result of a wrongful act of another person

There are 3 elements of the claim:

• Element 1. A death occurred. A death occurred means that someone has passed away, which is a key factor in a wrongful death claim, as it establishes the basis for the legal action that seeks compensation for the loss suffered by the deceased’s family or dependents.
  

  Facts that might support this element look like:

  * The individual was pronounced dead at the hospital shortly after being involved in a serious car accident.
  * Medical records indicate that the individual suffered fatal injuries as a result of the incident.
  * Witnesses reported seeing the individual collapse and fail to respond after the accident occurred.
  * The coroner’s report confirmed that the cause of death was blunt force trauma consistent with the accident.
  * The death certificate was issued, officially stating the date and cause of death related to the incident.

• Element 2. The death resulted from a wrongful act, neglect, or fault of another person. A wrongful death claim can arise when someone dies because another person acted carelessly, intentionally harmed them, or failed to take necessary precautions, leading to the tragic loss of life.
  

  Facts that might support this element look like:

  * The defendant was driving under the influence of alcohol at the time of the accident, which directly led to the fatal collision.
  * Witnesses reported that the defendant was speeding and weaving in and out of traffic moments before the incident occurred.
  * The victim was lawfully crossing the street when the defendant failed to stop at a red light, striking the victim with their vehicle.
  * The defendant had a history of reckless driving, including multiple prior citations for speeding and driving without a valid license.
  * Medical records indicate that the victim sustained fatal injuries as a direct result of the impact caused by the defendant’s negligent driving.

• Element 3. The wrongful act, neglect, or fault would have allowed the injured person to bring a cause of action and recover damages if death had not ensued. This means that if the person who died had lived, they could have sued someone for their injuries due to that person’s wrongdoing or carelessness, and potentially received money for their suffering.
  

  Facts that might support this element look like:

  * The defendant failed to maintain safe conditions on their property, which directly led to the accident that caused the injury.
  * The injured person had a valid claim for negligence against the defendant due to their reckless behavior prior to the incident.
  * Witnesses observed the defendant engaging in unsafe practices that contributed to the injury of the victim.
  * Medical records indicate that the injured person would have survived with timely and appropriate medical intervention, which was hindered by the defendant’s actions.
  * The injured person had a clear legal right to seek damages for pain and suffering resulting from the defendant’s negligence.

^{(See Vo v. United States, No. 1:17-CV-870, 2017 WL 6523160 (W.D. Mich. Dec. 21, 2017).)}
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Death, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex process effectively.

Prove Your MI Wrongful Death Claim

U.S. Civil Cases Only