This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Michigan Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
Michigan law defines ?wrongful death? as a loss that occurs due to any ?wrongful act, neglect, or fault of another? that would have permitted the deceased person to file a personal injury lawsuit if they had lived. Miscarriages are also included in Michigan's wrongful death statute.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
Because Michigan's Wrongful Death Act does not include a statute of limitations, the statute of limitations for the underlying cause of action (i.e., negligence) applies. In the case of wrongful death actions based on general negligence, the statute of limitations is three years.
Causation. In a wrongful death case, the plaintiff will have to prove how the defendant's negligence caused or substantially contributed to the death of their loved one. They must prove that the fatal injury or death would not have happened without the defendant's breach of duty.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
To prove wrongful death, you must have evidence that a person or entity was negligent, careless, or reckless in causing the death of a person. For example, if a defendant ran a red light and caused a fatal car accident, this would be clear evidence of negligence.
?Whenever the death of a person, injuries resulting in death, or death as described in [MCL 600.2922a] shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the ...