Family members of a Michigan nursing home resident who dies due to neglect or abuse can seek compensation for their loss by filing a Wrongful Death Lawsuit. The lawsuits allow compensation for the conscious pain and suffering by the deceased person from the date of the incident until death. The family is also entitled to money compensation for their loss of society and companionship of their loved one.
To file a wrongful death lawsuit in Michigan, there are filing requirements that must be completed before the actual suit is filed. First, there has to be a thorough investigation of the potential nursing home negligence claim to determine whether the case has merit. Once it is determined that a meritorious claim exists, a family member of the decedent is appointed as the Personal Representative of the estate of the decedent to pursue the lawsuit on behalf of the other family members.
The family usually agrees on who will be the Personal Representative but if there is a dispute, the probate judge will make that decision. The personal representative does not determine which family members will receive shares of the settlement or even how much each person will receive. Rather, the probate court judge or circuit court judge assigned to the case will make that determination if the family members cannot agree on the distribution of the settlement proceeds.
If you are considering filing a wrongful death lawsuit against a Michigan nursing home, you should call our office today to speak with one of our experienced nursing home lawyers. We will listen to your story and let you know if we believe that you have a case that can be pursued. If we believe there is a case, we will get of the medical records and review them with our medical experts. When a determination is made that there is a case to be pursued, we will then begin the process in probate court to have a Personal Representative appointed by the court. Next, we will start the lawsuit process.
We do not charge any legal fees to handle your case and we only receive a fee if we obtain a settlement for you. If the case is unsuccessful for any reason at all, you do not owe us anything. We put it all in writing for you. Call our award winning lawyers today at (800) 606-1717 to start your wrongful death case.