Losing someone close to you is one of the most difficult experiences someone can ever face. It is even worse when someone’s negligence or intentional actions caused the death. In such cases, the term wrongful death comes into play. A wrongful death lawsuit is a claim filed against a person or entity whose negligent or intentional actions resulted in the death of another person. But who can file such a lawsuit?
1. Family Members
The most common individuals who can file a wrongful death lawsuit are family members of the deceased. In Michigan, this includes the deceased’s spouse, children, descendants, parents, grandparents, and siblings. The family members can be direct or adopted; in some cases, stepchildren (children of the deceased’s spouse) may also be allowed to file the lawsuit. If the deceased had a will, it may outline who will serve as the estate's representative and file the lawsuit on behalf of the family members.
2. Representatives of the Estate
If the deceased did not name an estate representative in their will, the court will appoint one. The estate's representative is usually an executor or administrator responsible for managing the deceased’s assets and liabilities. In Michigan, the Personal Representative files a wrongful death lawsuit on behalf of the family members or other interested parties.
3. Third-Party Beneficiaries
In some cases, a third-party beneficiary may be able to file a wrongful death lawsuit. This includes anyone who was a devisee under the will of the deceased.
Northern Michigan Wrongful Death Attorneys
Remember, navigating the legal complexities of a wrongful death lawsuit requires professional expertise. Contact Miller Embury PLLC today at (888) 224-1239 to discuss your case and ensure your rights are upheld.