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Copyright 2003 Michael J. Gallagher - All Rights Reserved Michigan Wrongful Death Lawyer - Gallagher Law Firm |
Michigan Wrongful Death Lawyer Wrongful death is a claim in tort against a person who can be held liable for a death. The claim is brought by a lawyer in a civil action, usually on behalf of close relatives of the deceased. Unlike criminal law, private parties may bring the suit. The defendant has fewer due process and Constitutional protections such as immunity or the right to refuse to give testimony. The standard of proof is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. For all the above reasons, it is often easier for a family to seek retribution against someone for wrongful death in tort than a proper criminal law conviction. It should be noted, however, that the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action. In other words, a wrongful death action allows close family members and other relatives to seek money damages against those who caused the 'wrongful death' of their relative or relatives. The cause of death must be proved by a trier of fact (Judge or Jury) by a more likely then not standard (over 50% likelihood.) The damages can be for pain in suffering as well as for lost wages if decedent was the economic supporter of the individual bringing the lawsuit. A wrongful death lawsuit can be filed for wrongful death when someone dies, from the negligent or intentional action of another. This is where the defendant failed to act in a reasonably safe manner or the defendant produced a product that is unsafe in its design or manufacture, and that death resulted from this negligence. The lawsuit is brought in the name of the estate for all heirs, to fairly compensate for lost economic support, loss of companionship, mental anguish, and the pain and suffering of the deceased victim. As with all negligence suits the plaintiff in a wrongful death action must show a duty to act in a certain manner, a breach of that duty, and causation that results in death, from that breach of duty. Michigan has its own specific laws and statutes regarding wrongful death lawsuits, specifically who can sue on behalf of the deceased. Generally the plaintiff (person who brings suit), must be the child, parent, spouse, or personal representative of the deceased, in order to be able to recover compensation for the loved one's death. If you believe that you or a family member has a Wrongful Death claim due to the actions or negligence of another, contact us for a free consultation. It is our job to serve you. We will be exhaustive in our efforts, to recover the compensation that you deserve. Michael J. Gallagher My firm represents plaintiffs in injury and wrongful death cases in the following areas: Toll Free 1-800-445-4446
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Justice in our legal system can only result in a fair award of money to allow you to replace lost earnings, and assist you in coping with lost ability to live fully. My staff and I are compassionate, earnest, and dedicated.  with thanks to: http://en.wikipedia.org/wiki/ Wrongful_death_claim I pledge to work with you and your treating doctors and bring in other specialists, if necessary, to discover the full impact of your injury and vigorously pursue those responsible for your pain. Michael J. Gallagher |
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