Table of Contents
Introduction
Wrongful death lawsuits are usually emotional and complex, and it is difficult to put a value on the loss of a loved one. If you recently lost a loved one due to the negligent actions of another party, you may be wondering if you can recover damages for pain and suffering in a wrongful death lawsuit in Michigan. This article will explore this question and provide the information you need to know about the legal process of filing a wrongful death lawsuit in Michigan.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of legal action that is filed by the survivors of a person who died due to the wrongful or negligent actions of another party. In Michigan, the law defines wrongful death as a death that occurs due to a wrongful act, neglect or default of another party.
Who Can File a Wrongful Death Lawsuit?
Under Michigan’s Wrongful Death Act (MCL 600.2922), the following parties can sue for wrongful death:
- The decedent’s surviving spouse
- The decedent’s children
- The decedent’s parents, if the decedent was unmarried and had no children
- The personal representative of the decedent’s estate, if none of the above parties are eligible to file a lawsuit
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, damages are awarded to compensate the survivors for their losses. Damages can include:
- Economic damages: This includes the decedent’s medical expenses, funeral and burial costs, loss of income and benefits, and other financial losses that are directly related to the death.
- Non-economic damages: This includes the survivors’ pain and suffering, emotional distress, loss of companionship, and other intangible losses that cannot be quantified.
In Michigan, non-economic damages are limited by law. The maximum amount of non-economic damages that can be awarded in a wrongful death lawsuit is currently $860,000 (as of 2021). However, this limit does not apply to economic damages or damages for punitive damages.
Can You Recover Damages for Pain and Suffering in a Wrongful Death Lawsuit in Michigan?
Yes, you can recover damages for pain and suffering in a wrongful death lawsuit in Michigan. However, as mentioned earlier, non-economic damages are subject to a cap. This means that the amount awarded for pain and suffering in a wrongful death lawsuit in Michigan will depend on the specific circumstances of the case and the amount of economic damages awarded.
Who Determines the Amount of Damages in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, damages are determined by a judge or a jury. The judge or jury will consider several factors when determining the amount of damages, including:
- The age and health of the decedent
- The decedent’s earning capacity and income
- The decedent’s life expectancy
- The nature and extent of the survivors’ emotional and financial losses
Conclusion
If you lost a loved one due to the wrongful or negligent actions of another party, you may be able to recover damages for pain and suffering in a wrongful death lawsuit in Michigan. While no monetary amount can compensate for the loss of a loved one, a successful lawsuit can provide financial relief and closure for the survivors. It is recommended that you seek the advice of an experienced wrongful death attorney to help you navigate the legal process and recover the compensation you deserve.