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Michigan Local Accident Resources

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Michigan Local Accident Resources

Did You Lose a Loved One in a Michigan Fatal Car Accident Today?

If you’ve lost a loved one in a car accident in Michigan, don’t navigate this difficult time alone—call us for a free consultation with a compassionate wrongful death lawyer who will fight for your rights and help you seek the justice you deserve. If you have recently lost someone in Michigan due to a negligent driver, we understand the devastating situation you are facing. Losing a loved one is always a difficult and tragic experience, especially when their death is unexpected and due to someone else’s careless, reckless, or malicious behavior. Losing a loved one is an incredibly challenging experience, and for families facing such a loss, navigating the aftermath can feel overwhelming. At this time, it’s important to know that you don’t have to go through it alone. Our compassionate team in Michigan is here to provide support and guidance as you process your grief. We understand that families may seek information about available resources during this difficult period. Our dedicated attorneys are committed to helping you explore your options, whether that includes discussing potential legal avenues or connecting you with support services in your community. We’re here to listen and assist you in understanding your rights and the resources at your disposal. Let us help you find the support you need to begin healing and move forward during this challenging time.  

If You Have Lost Income as the Result of a Catastrophic Accident

If your family’s income source has been taken away by the passing of someone in an accident, you can turn to multiple resources that will help you receive financial aid and support:

  • Michigan Supplemental Security Income: Local resources for adult and juvenile victims who do not possess adequate resources for financial aid in the State of Michigan
  • State Bar of Michigan: For residents of Michigan seeking the representation and assistance of a professional lawyer specializing in car accidents, personal injuries, wrongful deaths, and more

Need help with requesting an official copy of the incident police report? The families of those who have been killed in car accidents and plan on filing claims will need a copy of the police report because most insurance companies and personal injury lawyers request this information. A copy of the police report can be retrieved from the law enforcement agency that filed the report.  Copies of reports can also be ordered online for a small fee. You can also let one of our local car accident lawyers assist you in getting a complimentary copy of the accident report.  If you or someone you love was injured in a Michigan car accident and still have not received a copy of the report, contact us, and we will help you get one for free.

If You Require Emotional or Psychological Counseling or Additional Therapy

Accidents not only inflict terrible injuries on the body but can also leave a lasting impact on a victim’s mind. If you require emotional support or counseling to cope with your experience in a catastrophic vehicular accident, be sure to visit the links below:

If You Require Financial Aid for Incidences Resulting from Criminal Activity

You may require additional help for fees related to legal assistance or other costs. If this is the case, be sure to consider the following resources:

  • Michigan Crime Victim Compensation: Sponsored by the Michigan Department of Health and Human Services, this program seeks to provide a lifeline to victims of catastrophic accidents, including those potentially caused by criminal activity. Resources include a Crime Victim Compensation Application form.
  • Crime Victim Foundation: List of resources provided by the Michigan Department of Community Health for victims of crimes (categorized by county)

If You or a Loved One Were the Victims of an Accident Caused by DUI

Drunk driving is a terrible offense that can result in severe damage or death to innocent victims, their families, and friends. As reinforced by state law, the Michigan DMV has set the limits of blood alcohol concentration (BAC) at 0.08% for adults (21 years and older) and 0.02% for young adults and juveniles (under 21 years).  Currently, Michigan ranks 34th among the states with severe problems related to drunk driving incidents. If a DUI incident has victimized you, a loved one, or a friend and require more in-depth support, visit the following link:

  • Michigan MADD: Mothers Against Drunk Driving seeks to provide endless support for victims of drunk driving incidents in the State of Connecticut. To speak with a representative at the national headquarters, call (877) ASK. MADD or (877) 275.6233. To contact Michigan MADD, contact the Troy office at (800)323.6233 or use the directory to find your local department.

Accident Prevention Services in Michigan

In recent years, the State of Michigan has established tactics for preventing unfortunate motor vehicle accidents and resulting fatalities.

  • Pedestrian Safety: Sponsored by the Michigan State Police, this program provides a list of safety rules for pedestrians and offers links to references, including bicycle and walking paths, Michigan Fitness, school routes, and more.
  • Michigan Traffic Safety: Developed by the Office of the Michigan Secretary of State, this program provides traffic safety resources categorized by county, including lists of local safety organizations.

Wrongful Death: Frequently Asked Questions

It is vital that before deciding to pursue a wrongful death claim, you have a solid understanding of how the claim process works and how an experienced Michigan wrongful death lawyer can help. This section will discuss commonly asked questions from those looking to begin the wrongful death claim process and clarify any looming concerns you may have regarding the process.
How do you prove a wrongful death?

To prove wrongful death, you must have evidence that a person or entity was negligent, careless, or reckless in causing the death of a person. For example, if a defendant ran a red light and caused a fatal car accident, this would be clear evidence of negligence. Or, if a patient died due to medical malpractice, this would be the basis for a death claim.

If the death was caused intentionally, the evidence must support that claim. This type of claim has the same burden of proof as all other personal injury lawsuits.

Typically, your wrongful death attorney will perform a complete investigation of the facts of the death case to make this determination. If a suit is filed, the sworn deposition testimony of the parties and eyewitnesses will be taken to prove liability for the death. Many times, an independent investigation will be performed by a law enforcement agency or other governmental agency.

The Michigan wrongful death statute gives authority to family members of the loved one to file a lawsuit for compensation for accidental deaths, fatal accidents, or intentional acts. Lawsuits can be brought by a spouse, parent, sibling, child, grandparent, or grandchild. In some cases, a more distant relative like an aunt or uncle can also file the case.

If the decedent left a will, any person named in it as an heir of the estate may also have a right to file a lawsuit, often with the help of a Michigan wrongful death lawyer.

However, before a claim may be filed, the family member or heir must first be appointed the personal representative of the decedent’s estate — typically, the family will agree on who will be appointed to this position. This person will represent the interests of all family members of the case and work with the attorney.

The first step is for a family member to hire an experienced Michigan wrongful death lawyer to determine if there is a basis under state law to file a wrongful death lawsuit.

If the lawyer determines that there are valid death claims, the next step is to have a personal representative appointed by the probate court to file the lawsuit on behalf of the estate, which are essentially the other family members and heirs. This procedure is done through the probate court in the county where the decedent last resided, had property, or in the county where the death occurred.

The Michigan Wrongful Death Act — MCL § 600.2922 — outlines the details and requirements for filing a case, including:

  • Which family members can file a claim, as well as which members have priority;
  • The legal procedures for notifying other family members that a claim has been filed and their legal rights in a case;
  • The types and damages and compensation that can be sought and obtained;
  • The legal procedures and requirements for filing a case, as well as those to settle a case;
  • The procedures for disbursing the settlement or claim proceeds to the surviving family members;

This procedure is usually done through the probate court within the county where the decedent last resided.

The estate can also be opened where the death occurred or where the lawsuit will be filed within the state.

Regardless of the circumstances, a well-versed Michigan wrongful death lawyer could help a family member understand their legal standing and begin the process of filing a claim.

Our lawyers can handle the probate process from start to finish. Once the court appoints the personal representative, we will file the lawsuit for all death claims in the circuit county court.

The lawsuit is a legal document, called a “complaint,” and is filed at the courthouse and sets forth the legal basis for the claims. The wrongful death suit is then served on the defendants by a process server, and the litigation process begins.

The length of time for a wrongful death case from start to finish depends on a number of factors.

Certain types of cases, like medical malpractice, might take longer than other case types, such as auto accidents. Also, some judges allow longer periods of time for the parties to take depositions and do their investigations than other courts.

Death cases that have more complex issues take longer than cases with more straightforward facts and issues.

In most cases, the trial judge will require representatives from all parties to attend a mediation or settlement facilitation.

The parties and their attorneys will meet with an experienced mediator who will attempt to negotiate a settlement. These events are often successful in reaching a settlement before the case goes to court for a trial.

The compensation received from the lawsuit is referred to as a wrongful death settlement.

There are no written schedules or guidelines for determining the amount of a death claim. If the case is not settled by the parties and goes to trial, the judge or jury will determine the monetary amount to be awarded to the family members.

Wrongful death settlements include compensation payouts for both non-economic and economic losses.

There is no “average” or “typical” settlement amount because each case has its own unique set of facts and circumstances. Our experienced lawyers will work hard to get you the maximum settlement.

Non-economic losses include the loss of emotional support, comfort, companionship, society, moral support, and consortium due to the death of a loved one. This damage is considered to be a loss to each victim’s family member. They also include compensation for the decedent’s pain and suffering from the time of injury through the time of death.

In one recent case, a Michigan jury awarded $5,000,000 for only five seconds of pain and suffering before death. In other cases, the decedent may suffer for weeks and even longer before passing away. The settlements in cases with extended suffering and mental anguish are often very substantial.

Compensation is also owed to the family for economic losses caused by the death of a loved one. Economic damages include the recovery of the loss of earnings including past, present, and future losses. An economist can be hired as an expert witness to help substantiate your claim’s value.

Other claims are for the loss of financial support and loss of work benefits, like health insurance and a pension. The family is also entitled to the reimbursement of funeral and burial expenses.

In many cases, an economist will also place a monetary value on the loss of household services that the decedent would have provided to family members if not for the death. This type of claim will also contribute to the settlement amount.

Michigan law determines which heirs can receive money from a wrongful death settlement. The primary beneficiaries are spouses, children, and parents. However, grandparents and other blood relatives may also be entitled to settlement money. Funeral expenses are reimbursed to the family member who paid for the burial before other money is distributed to the heirs.

Further, another family member, like an adopted child of the decedent and people named in a Last Will and Testament, may also be entitled to a share of the settlement.

A criminal case comes about when the government wishes to seek punishment for an individual who committed a crime. A civil case often involves a dispute over the duties and rights that people and organizations owe to each other. The burden of proof is higher in a criminal case, and the penalty imposed is usually imprisonment. In a civil case, the defendant may be responsible for financially compensating the injured party and/or their family.

Michigan Civil Jury Instruction 52.01 directly addresses the measure of damages for injury to a spouse due to the wrongful death of the other spouse. The damages allowed to the surviving spouse include:

  • The reasonable expense of necessary medical care, treatment, and services received by the spouse.
  • The reasonable value of the services of a spouse of which the surviving spouse has been deprived. This includes help around the home, bill paying, maintenance, and other services that a husband and wife typically provide to each other.
  • The reasonable value of the society, companionship, and sexual relationship with the deceased spouse of which the surviving spouse has been deprived.

These damages are for the past, which is from the date of death to the present, and those that will occur in the future over through the surviving spouse’s lifetime. Our detail-oriented Michigan lawyers will calculate the full extent of their losses in order to file the proper claim.

Once the parties agree on a settlement, the final step is to determine how the funds are paid out to the family members. The question is always which family members receive shares of the settlement and how much money is paid to each one. The personal representative will propose a settlement distribution to the heirs. Each family member is sent a copy of the proposed shares of the settlement and has the opportunity to dispute it if they believe it is unfair. There will then be a hearing, and the judge will make the final determination.

Typically, the surviving spouse and children of the decedent get the largest shares of the settlement. However, this is different in every case based upon the family dynamics and the closeness of family relationships.

Most times, the family members agree on the distribution of the settlement and the judge assigned to the case will approve a fair and appropriate distribution.

If the family members cannot agree on the amounts for each person, then the presiding judge will hold a hearing and make the determination.

In either case, a court order will be entered specifying the payout amounts to each person. Once the funds are received by the attorney for the personal representative, they are disbursed to the heirs based on the court order.

Under IRS rules, any lawsuit settlement proceeds that a court awards for physical illness or injury are non-taxable. This rule includes settlements in wrongful death cases since the damages are determined by a court’s finding that a third party is liable for the physical illness or injury that resulted in death.

Of course, it is strongly recommended that you discuss your settlement share with your accountant or tax preparer. This is the best way to make certain that you do not have to pay taxes on your funds.

Under Michigan law, the time limit to file a wrongful death lawsuit is based on the type of case. These deadlines, called the statute of limitations, are not the same for every case. For example, a case involving a car accident has a three-year deadline.

Most negligence cases in Michigan must be filed within three years of the date of the incident. For deaths caused by intentional acts, like an assault or police shooting, there is a two-year deadline.

To file a lawsuit involving medical malpractice or nursing home negligence, there is generally a two-year deadline. However, you may have up to five years from the date of death to file your case in certain circumstances.

It is smart to contact our wrongful death attorneys as soon as possible after your loved one dies to get started on a case. Waiting too long to file a suit may bar you forever from receiving a settlement.

Michigan Accident Information 

Michigan traffic fatalities have increased 15% over the past 5 years, even though total car accidents dropped 6% over the same period. Significantly, the number of fatal car crashes in Michigan went from 905 in 2018 to 1,053 in 2022 – a 16.3% increase.

These trends are also reflected in the increases in fatalities among pedestrians, bicyclists, and motorcyclists and deaths attributable to drunk- and drugged-driving crashes.

Seeing fatalities and fatal car crashes increasing in frequency while overall motor vehicle crashes in Michigan are decreasing is a disturbing trend in Michigan.

It does not need to be this way. If every driver took common-sense safety precautions while they were behind the wheel, most of these traffic fatalities and fatal crashes could be drastically reduced and lives would be saved.

The total number of Michigan car accidents increased over the last three years from 245,432 in 2020 to 293,341 in 2022. However, in 2022, the total number of Michigan motor vehicle crashes dropped by 6% from 312,798 in 2018.

Unfortunately, overall, Michigan traffic fatalities are up 15% from 974 car accident-related deaths in 2018 to 1,123 in 2022. This same troubling trend is seen with pedestrian, bicyclist, and motorcyclist fatalities and lives lost due to drunk driving and drugged driving.

Here is more detail about Michigan traffic fatalities: 

  • Pedestrian fatalities: 19.3% increase from 145 in 2018 to 173 in 2022.
  • Bicyclist fatalities: 71.4% increase from 21 in 2018 to 36 in 2022.
  • Motorcyclist fatalities: 29.1% increase from 134 in 2018 to 173 in 2022.
  • Alcohol-involved fatalities: 2% increase from 315 in 2018 to 322 tin2022.
  • Drug-involved fatalities: Less than 1% increase from 247 in 2018 to 249 in 2022.

Contact Local Accident Reports Today

At Local Accident Reports, we understand how overwhelming and emotionally exhausting the aftermath of a wrongful death can be. Our skilled Michigan wrongful death attorneys are here to offer the support and expertise you need during this challenging time. We are dedicated to fighting for the justice and compensation you deserve, ensuring your case is handled with the highest level of care and commitment.

Don’t face this difficult journey alone. Contact us today to discuss your case and explore your legal options. Call (888) 657-1460 for a free consultation, and let us help you pursue the compensation you need to confidently move forward.

Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

407

Pickup and SUV Occupants

Pickup and SUV Occupants

249

Large Truck Occupants

Large Truck Occupants

8

Motorcyclists

Motorcyclists

150

Pedestrians

Pedestrians

156

Bicyclists

Bicyclists

21

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