Tips for Filing a Claim from Our Attorneys Handling Michigan Wrongful Death Cases

The unexpected death of a loved one is perhaps the most difficult event one can experience in life.  Families are often left to pick up the pieces, and this can oftentimes be compounded by the loss of the income and companionship that was provided by the deceased. 

Serving residents in Grand Rapids, Flint, and all of Michigan, the attorneys at Sinas, Dramis, Brake, Boughton & McIntyre, P.C. who handle wrongful death cases can help you and your family through this most difficult time.  If someone you love has died unexpectedly due to the negligence of another, you may be entitled to collect monetary compensation.  While our attorneys who handle wrongful death cases in Michigan understand that no amount of money can restore the sense of love and companionship provided by the deceased, it can provide the peace of mind that comes with knowing that your family is financially secure.  It is important to follow a series of steps when filing a wrongful death lawsuit and our lawyers can help you through the legal process.  To speak with one of our attorneys who handle wrongful death cases in Michigan, including Lansing, Flint, Grand Rapids, and Detroit, about the specifics of your case, contact us today.

What to Do in the Event of a Wrongful Death

In the event of a wrongful death, the family of the decedent must take immediate legal action to preserve and protect the wrongful death claim and the rights of the decedent's surviving dependents. Therefore, there are several steps that our attorneys, representing clients in wrongful death cases throughout the State of Michigan, including Flint and Grand Rapids, recommend you take, including:

Open the decedent's estate

The decedent's family should file a petition to open an estate in the name of the deceased person and to appoint the appropriate family member to serve as the Personal Representative of the decedent's estate. Once this is done, the wrongful death claim can officially be pursued by the Personal Representative on behalf of the estate.

Initiate a thorough investigation

The victim's family members should arrange to have their legal representative investigate the incident as soon as possible. Such an investigation should include interviewing all witnesses, photographing the scene, photographing any vehicles involved in the incident (both inside and outside), taking measurements at the scene, collecting physical evidence at the scene, interviewing police officers, etc. The victim's family can do this by either hiring a competent private investigator or by retaining a lawyer or law firm who specializes in motor vehicle personal injury work. Sinas, Dramis, Brake, Boughton & McIntyre, P.C. specializes in the litigation of all types of personal injury cases, including those involving car accidents and defective products.  Serving Detroit, Grand Rapids, Flint and other Michigan areas, our team of attorneys who handle wrongful death cases will work tirelessly to perform a thorough investigation of the claim to make sure that all responsible parties are held accountable for their actions.

Do not speak with any investigators or adjusters representing the interests of the party at fault

It is generally true that the insurance company for the party at fault will be conducting an investigation soon after the accident. One of the first things that the insurance company will do is to contact the victim's family and ask family members to give statements, either in writing or by tape recorder. The victim's family should refuse to do this unless they have first consulted with an attorney specializing in personal injury law regarding the advisability of such an interview. In this regard, it is important to remember what the police tell suspects in criminal cases prior to taking statements: "What you say can and will be used against you!"

Do not sign any medical authorizations, except those requested by your own no-fault insurance company

Oftentimes, the Personal Representative will be asked by an insurance adjuster for the party at fault to provide a signed medical authorization release form enabling the adjuster to obtain all of the victim's medical records and speak with the victim's physicians. The Personal Representative should refuse to sign such an authorization until he or she has first talked with a wrongful death attorney.

Do not enter into premature settlement negotiations without proper legal advice

If an insurance company representing the at fault party approaches the Personal Representative and offers a settlement in exchange for the Personal Representative agreeing to a full release of liability, one should proceed with extreme caution. Our Michigan wrongful death attorneys will be able to advise you on your legal rights and whether settling the case makes sense.  Some factors to consider before settling a case include:

• the Personal Representative has fully investigated the incident and knows the identities of any and all potential defendants and insurance companies who may have liability;
• the release is only a release of the liability claim and not a release of any other rights the decedent's family may have;
• the Personal Representative has completely researched whether such a settlement would jeopardize other claims the estate or the victim's family may have against other parties or against the decedent's own insurance company for additional benefits, such as underinsured motorist benefits; and
• the Personal Representative has obtained competent legal advice from a team of wrongful death attorneys regarding the wisdom of entering into such a settlement. Remember, once a release is signed, the deal can never "be undone."

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Contact Our Attorneys Handling Wrongful Death Cases in the Grand Rapids and Flint-Area Today

Serving residents throughout the State of Michigan, including in the Flint and Grand Rapids area, attorneys who handle wrongful death cases can provide your family with sound legal advice following the unexpected death of a loved one.  We realize that this is a difficult time, both emotionally and financially, for your family, and we recommend that you contact our wrongful death attorneys before entering into any agreement to settle with any insurance company.