Who can file a wrongful death lawsuit after a car accident in Michigan?
Michigan lawyer identifies who can and must file a lawsuit after the death of a family member or loved one
One of the most important elements of a wrongful death lawsuit after a family member or loved one has been lost in a fatal Michigan auto accident — is identifying the person who can legally file the lawsuit.
For help from a lawyer, call Michigan Auto Law at (800) 777-0028. There is no fee or obligation, and we can answer all of your questions to best protect your legal rights.
Under Michigan law, the family members of a person who was killed in a Michigan auto accident as the result of another driver’s negligence, have a right to sue for their loved one’s wrongful death. (MCL 600.2922)
However, legally speaking, the only one person who can actually and legally file a wrongful death lawsuit is the personal representative of estate of the deceased family member or loved one. (MCL 600.2922(2))
That’s not to say the personal representative must be a stranger to the wrongful death victim or his or her family.
The estate’s personal representative could be the deceased’s spouse, children, grandparents, or other relatives. Any of the wrongful death attorneys at Michigan Auto Law would be happy to discuss with you the pros and cons of such a decision.
Getting a personal representative appointed to represent the wrongful death victim’s estate is a complicated, but necessary process, which involves going to probate court for appointment of the personal representative. If this isn’t done correctly, then the case for pain and suffering compensation and other monetary damages may get thrown out of court.
Unfortunately, the probate process has proved to be a frequent source of confusion for family member and lawyers who are sufficiently familiar with representing the families of victims who were killed in car or truck accidents. Again, any of the attorneys at Michigan Auto Law would be happy to discuss this with you.
Here is more information about wrongful death car accidents and your rights.
Call Michigan Auto Law. We are here for you.
Call us at (800) 777-0028 today. Our wrongful death lawyers can help you recover after the sudden loss of a loved one, and guide you through the often confusing process of appointing a personal representative. You can also fill out our consultation form.
There’s no downside to contacting Michigan Auto Law with you questions and concerns. The call and the advice are absolutely free.