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Wrongful Death

Survivors’ loss benefits – after a wrongful death car accident in Michigan

Our attorneys discuss the No-Fault “survivors’ loss” benefits available to family members and loved ones of those lost in fatal auto accidents

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.

For help from an attorney, call Michigan Auto Law at (800) 777-0028. There is no fee or obligation, and we’re here to help you through this tragic situation.

We have provided some information about survivors’ loss benefits below.

What are survivors’ loss benefits?

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))

How are survivors’ loss benefits determined?

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.

Who is entitled to survivors’ loss?

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.

What do survivors’ loss benefits cover?

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:

  • Hospital/medical insurance premiums;
  • Disability coverage;
  • Pensions;
  • Investment income;
  • Annuity income;
  • Workers’ compensation benefits.

How long can one receive survivors’ loss?

Survivors’ loss benefits are payable for three years from the date of the car accident and shall not exceed $5,700 per month from October 1, 2018 through September 30, 2019. (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.

Call Michigan Auto Law. We are here for you.

Call us at (800) 777-0028 today. Our wrongful death attorneys can answer all of your questions and help you recover after the sudden loss of a loved one. You can also fill out our consultation form.

There’s no downside to contacting an attorney with questions and concerns. The call and the advice are absolutely free.

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