How to Prove a Wrongful Death in Michigan?
In Michigan law, a wrongful death is defined as a death caused by another individual’s negligence or the failure to use due care. The Michigan wrongful death statute enables the deceased person’s immediate family or loved ones to initiate a civil lawsuit to seek compensation for their loss.
Who Bears the Burden of Proof?
In a Michigan wrongful death lawsuit, the burden of proof rests on the plaintiff. This means that the plaintiff (the person initiating the lawsuit) must collect and present evidence that demonstrates the defendant’s (the person against whom the lawsuit is filed) negligence.
For instance, if an individual died due to a surgical error, it is the plaintiff’s task to demonstrate that their death resulted directly from the surgical mistake and not due to a naturally occurring complication.
Key Factors to Prove in a Wrongful Death Claim
Generally, four elements must be demonstrated for a wrongful death lawsuit to be successful in favor of the plaintiff:
Negligence or Duty of Care – Like in any personal injury case, the plaintiff must initially prove that the defendant had a duty of care towards the decedent. This means that the defendant had an obligation to safeguard the decedent’s best interests and welfare at the time of the accident. For instance, drivers have a duty of care to abide by traffic laws. A failure to follow these laws is considered a breach of this duty.
Breach of Duty – Once the duty of care is established, the plaintiff’s task is to demonstrate how that duty was breached. If, for example, the death resulted from a car crash, the plaintiff could show that the driver was texting or being distracted by talking on the phone or other distractions or in violations of driving laws at the time of the accident, which caused the accident.
Causation – The plaintiff must then directly connect the breach of duty to the decedent’s death. If the individual or loved one was killed in a car accident, the plaintiff must prove that the defendant’s texting directly caused the accident, which ultimately led to fatal injuries.
Damages – Finally, the plaintiff needs to demonstrate that the decedent incurred damages. These can include:
- Medical expenses
- Lost income
- Funeral/memorial costs
- Loss of companionship and family relationships
- Whether the wrongful death was caused by a car, motorcycle, truck accident, or another type of accident
We’re Here to Help
As you may have observed, proving a wrongful death lawsuit can be complex. If you have lost a loved one due to another person’s negligence, our team can help ensure you have the resources to pursue the compensation you deserve.