No-Fault survivors’ loss benefits are crucial for the surviving family members and loved ones of those killed in auto accidents by another driver’s negligence.
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We have provided some information about survivors’ loss benefits below.
If a family member or loved one, such as a spouse, child, or parent, is killed in car or truck accident in Michigan, then his or her survivors and dependents may be entitled to receive No-Fault “survivors’ loss” benefits.
Under Michigan’s No-Fault Insurance law, an insurance company is required to pay a wrongful death victim’s survivors and/or dependents money comparable to what they would have received in support from the wrongful death victim if he or she had not been killed in an accident. (MCL 500.3108(1))
When computing survivors’ loss of benefits, dependents must prove they would have received the amounts in question as support.
Importantly, if the deceased auto accident victim was unemployed at the time of the car accident, the survivor can show that the wrongful death victim “would have” accepted a job within three years after the death.
People who are dependents of the deceased auto accident victim can be entitled to survivors’ loss. Dependents include husbands, wives, children under the age of 18, physically or mentally incapacitated children over 18, and whomever the facts suggest is a dependent. (MCL 500.3110(1) and (2)) Here’s more information about who can file for survivors’ loss and how to pay for a wrongful death lawsuit.
Survivors’ loss benefits also cover the money a dependent will need to obtain the services his or her deceased spouse, family member or loved one would have performed for the dependent.
Additionally, survivors’ loss benefits may include:
Survivors’ loss benefits are payable for three years from the date of the car accident and shall not exceed $1,475.00 for any single 30-day period. (MCL 500.3108(1))
Notably, a No-Fault insurance company paying survivors’ loss benefits may reduce some payments by the amount of taxes the Michigan wrongful death victim would have paid. However, there is no deduction for the deceased’s personal compensation.
Additionally, payments of survivors’ loss benefits may be “set-off” (i.e., reduced) in the event of an eventual wrongful death verdict or settlement.
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