Standing Up For Wrongful Death Victims’ Families For Decades

No one should have to lose a loved one too soon. If your loved one’s death is the result of an accident that wasn’t their fault, you might have cause for a wrongful death lawsuit. I am Jonny Waara, founding attorney at Waara Law, and I can help you.

For 29 years, I have provided high-quality, strong legal services for the people of the Upper Peninsula. I care about helping your family hold the wrongdoer accountable, recover compensation and move forward after a fatal accident claimed the life of someone you love.

Wrongful Death In Michigan: What To Know

An accidental death does not automatically mean that you have legal grounds to sue someone. To file a wrongful death claim, you must be able to prove that someone else’s actions or lack of action contributed to the accident that killed your loved one.

Michigan’s Wrongful Death Act allows certain family members to seek compensation when their loved one dies due to someone else’s wrongful conduct. This differs from a survival action, which seeks damages the deceased could have claimed if they lived, such as pain and suffering before death.

Common Causes Of Wrongful Death

My decades of practice in the Upper Peninsula have given me a strong insight into representing victims of serious injuries. I have handled wrongful death cases involving:

• Car accidents: High-speed collisions, drunk driving incidents and distracted driving crashes
• Medical malpractice: Surgical errors, misdiagnosis and medication mistakes
• Workplace accidents: Construction site incidents and equipment failures
• Truck accidents: Commercial vehicle crashes involving semi trucks
• Nursing home neglect: Inadequate care leading to falls or infections
• Premises liability: Fatal slip-and-falls or dangerous property conditions
• Defective products: Faulty machinery or dangerous consumer goods

Each type of case requires different legal strategies and evidence. I understand the unique challenges each presents and know how to build strong cases that hold responsible parties accountable.

Who Can File A Wrongful Death Claim?

Generally, only the victim’s personal representative can file a wrongful death claim on behalf of the estate in Michigan. This person files the lawsuit on behalf of surviving family members, who are the actual beneficiaries. Michigan law establishes this hierarchy:

• Spouse and children receive priority
• Parents if no spouse or children
• Siblings if no parents
• Other relatives may qualify in specific circumstances

I will help you understand your family’s legal standing and guide you through the proper procedures to ensure your wrongful death claim is filed correctly and within Michigan’s statute of limitations.

Types Of Damages Available

The surviving relatives of victims deserve justice for their loss. Some of the economic damages available include:

• Medical expenses
• Funeral and burial costs
• Lost wages and future income
• Loss of benefits like health insurance and pension contributions

They could also seek compensation for noneconomic damages, including

• Loss of companionship and emotional support
• Loss of guidance and protection
• Pain and suffering the deceased endured before death

I work with professionals to calculate the full value of your family’s losses, including what the deceased would have earned over their lifetime.

The Wrongful Death Claim Process

Filing a wrongful death claim involves several important steps. These are:

• Investigation: I gather police reports, medical records and witness statements.
• Settlement negotiations: I work with insurance companies to reach fair compensation.
• Filing lawsuit: If negotiations fail, I file a formal complaint in Michigan court.
• Discovery process: Both sides exchange information through depositions and document requests.
• Trial: If necessary, I present your case before a judge and jury.

Most wrongful death cases settle before trial, but I prepare every case as if it will go to court.

Statute Of Limitations

In Michigan, you have up to three years from the date of death to file a wrongful death claim. If you miss this deadline, you miss the opportunity to recover compensation. The three-year period generally starts on the date of death, not the accident date.

I always recommend contacting an attorney as soon as possible. Evidence disappears, witnesses’ memories fade and insurance companies begin building their defense immediately.

Building A Strong Wrongful Death Case

Wrongful death claims require establishing clear legal liability, which is why experienced representation is essential. To secure compensation for your family, I must demonstrate four critical elements:

• Legal duty: The responsible party had an obligation to exercise reasonable care
• Negligent conduct: They failed to uphold this standard through their actions or inactions
• Direct connection: Their negligence was the proximate cause of your loved one’s death
• Financial impact: The loss has created quantifiable damages for surviving family members

Drawing on nearly three decades of personal injury litigation, I have the skills to construct a persuasive case that demands accountability from those whose negligence caused your tragic loss.

Why Choose Me For Your Wrongful Death Case

Wrongful death cases require both legal skill and emotional sensitivity. I bring several important qualities:

• Compassion for clients
• Aggressive in pursuing justice
• Decades of experience
• Deep roots in the Upper Peninsula

When you’re facing the most difficult time in your life, you need an attorney who will fight tirelessly for justice while treating your family with the care and respect you deserve.

How Long Does A Wrongful Death Lawsuit Take?

Most wrongful death claims take one to three years to resolve. Simple cases may settle quickly, while complex cases can take longer. I keep families informed throughout the process.

Will You Have To Go To Court?

Most wrongful death cases settle without going to trial. However, I prepare every case for court because insurance companies offer better settlements when they know I’m ready to fight.

What If Multiple Parties Are At Fault?

Michigan law allows you to sue all parties who contributed to your loved one’s death. I investigate thoroughly to identify everyone who bears responsibility.

Allow Me To Help You – Request A Free Consultation

The aftermath of a loved one’s death can seem overwhelming. With my knowledge of the legal system, Waara Law can assist you with your wrongful death claim and more. Please contact my office to schedule a free initial consultation. To begin, call me locally at 906-401-0021 or send me an email.