This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Michigan Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
How to file a wrongful death lawsuit in Michigan. In Michigan, the process to file a wrongful death lawsuit starts by having the Probate Court appoint a personal representative for your deceased loved one's estate. Next, the lawsuit is filed. Notice must then be given to family members who may be entitled to damages.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Michigan places no universal cap on damages for a wrongful death case. However, there is a state-mandated limit on the value of non-economic damages available in medical malpractice cases. This would also apply to medical malpractice resulting in death, but there is no cap on economic damages.
Rule 2.202 - Substitution of Parties (A) Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. (a) A motion for substitution may be made by a party, or by the successor or representative of the deceased party.
Yes, you can sue for your pain and suffering in the State of Michigan. This type of compensation is called ?non-economic? damages which means that it can't be stated exactly in a dollar amount unlike medical bills. There is no maximum cap, but the settlement is usually limited to the amount on the insurance policy.
The liable party had a certain duty of care owed to the victims; The party breached that duty of care in some manner; The breach led to the accident and injuries that caused the death; and. The death resulted in losses to you and other claimants.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.