There are two types of compensation for death in a car accident in Michigan. First, the deceased’s dependents may recover survivor’s loss benefits under Michigan’s auto No-Fault insurance law. Second, the deceased’s family may recover wrongful death damages and payment from the at-fault driver.
Survivor’s loss compensation for death in a car accident in Michigan
Survivors loss benefits under Michigan’s No-Fault auto insurance law provide compensation for death in a car accident to the family and dependents of a person who has been killed in a fatal automobile crash.
After a death in a car accident in Michigan, compensation from a settlement for No-Fault survivors loss benefits covers the “contributions of tangible things of economic value” that the deceased would have continued to provide had he or she survived the automobile crash. (MCL 500.3108(1)) It also helps to cover the expenses that the dependents of someone who was killed in an automobile crash will incur as a result of their tragic loss. The No-Fault law defines these expenses as “ordinary and necessary services” that the deceased would have continued to perform but for the fatal auto accident. (MCL 500.3108(1))
A No-Fault survivors loss claim is available to the fatal automobile crash victim’s dependents for three years after the tragedy without regard to fault. (MCL 500.3108(1)) Although a settlement is generally limited by the three-year limit as well as a monthly maximum limit, dependents can make a claim for “excess” survivors loss benefits. (MCL 50.3135(3)(c))
A settlement for No-Fault survivors loss benefits is generally paid by the auto insurance company for the deceased. If the person killed in an automobile crash was not covered by an insurance policy, then the auto insurance company with the highest “priority” under the No-Fault law’s “priority rules” will be obligated to pay.
Wrongful death compensation for death in a car accident in Michigan
Michigan’s wrongful death act allows the families of fatal automobile crash victims to recover damages for a death in an automobile crash in Michigan. (MCL 600.2922(1)) The family can file a wrongful death lawsuit against the at-fault driver to sue for damages for pain and suffering, loss of companionship and loss of financial support. (MCL 600.2922(6))
A wrongful death lawsuit can only be brought by the personal representative of the estate of the person who lost his or her life in an automobile crash. (MCL 600.2922(2))
People who may be entitled to wrongful death damages under Michigan’s wrongful death law include the deceased victim’s spouse, children, descendants, parents, grandparents, brothers and sisters as well as children of the deceased’s spouse and “devisees” under the deceased’s will. (MCL 600.2922(3))
How much compensation for death in a car accident in Michigan?
The amount of compensation for death in a car accident that the deceased’s family will be able to recover from the auto insurance company and/or the at-fault driver will depend on several factors. Factors that courts will consider include: (1) the deceased’s pain and suffering; (2) the injury to family members from loss of the person’s companionship; and (3) the amount of financial support that the deceased provided to his or her family and dependents.
Most insurance companies use some form of claims adjusting software when determining the settlement value of a wrongful death. Important factors to a successful wrongful death settlement is a lawyer’s experience, settlement and verdict track record on wrongful death cases and reputation.
Choosing the right attorney is critical
This is where your choice of a personal injury lawyer is particularly important. Auto insurance companies know who the attorneys are that will go to trial and who the attorneys are who don’t. Most personal injury attorneys talk a good game but if it has been years since they’ve tried a case, insurance companies regularly use this to force settlements that do not reflect full value for people who have died in an automobile crash.
The bottom line is that attorneys who are known for going to trial can settle cases for significantly more money and often much faster.
To learn more about how much your loved one’s case may be worth, please check our “Settlement Calculator.”
Have you lost a loved one to a death in a car accident and have questions about compensation? Call the attorneys at Michigan Auto Law for a free consultation!
If you lost a love one to a death in a car accident in Michigan and you have questions about a lawsuit and compensation, call now (855) 781-7747 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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