Spouses and children of the decedent generally have the first right for an award of damages in a wrongful death suit. This law becomes a lot more complex if there is no surviving spouse or children.
Your relationship to the decedent plays a key role in whether you may pursue legal action. The following types of reckless actions can result in death and a possible wrongful death lawsuit:.
These are just a few examples of situations that can lead to litigation. If you choose to file a lawsuit against the negligent party, you are allowed to pursue the cost of your damages even if criminal charges are pressed against them. There are other types of possible compensation you may be able to seek by filing a wrongful death claim.
Ultimately, the final outcome of your case depends upon a number of factors. Depending on how your loved one passed away will play a role in the amount of compensation you are able to seek for noneconomic damages. Assault and Battery: Under Michigan law, the statute of limitations for most assault and battery cases is two years from the date of the act. However, the statute of limitations is five years for assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse.
The statute of limitations is also five years for assault and battery brought by a person in a dating relationship. The statute of limitations is ten years for criminal sexual conduct. As you have read, there are many different rules which apply to statute of limitations in Michigan.
And in several cases, there can also be time limits in providing notice to a defendant, and failure to do so can jeopardize the entire claim. These extra complications make it worth your time to speak to a personal injury lawyer to help validate your claim under Michigan law. During this time, you should refrain from speaking with any investigators or insurance adjusters who represent the interests of those responsible for causing the accident or your injuries.
The call is free, and there is no fee until we win your case. Watch: Common Types of Medical Malpractice.
You may have a case for damages without having been physically injured. In these cases, the injuries are mental, in the form of mental defect caused by the incident, or emotional injuries caused by the trauma impacted by the incident.
The bottom line is that if you or someone you know has been seriously affected in one of these ways, consult a personal injury attorney in Indiana to see if you have a case.
Each state limits damages for certain injury claims, and only a personal injury attorney can determine if the case is worth pursuing or not. Physical The majority of personal injury lawsuits involve physical injury claims. Mental You may have a case for damages without having been physically injured. Mental defects are injuries that result in coma, mental retardation, or memory loss, for example.
However, like mental defect injuries, trauma-related injuries greatly impact the victim. Conditions like post-traumatic stress syndrome, depression, and phobias are a few examples.
The claim often accompanies other physical or mental injuries.
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