The previous article discussed the steps before filing a wrongful death case in Michigan. In this case, we discuss what you need to do if you cannot reach a settlement in the situation.
Losing a loved one in an auto accident is a devastating experience, and if the accident was a result of someone else’s negligence, pursuing a wrongful death case may provide a sense of justice and financial support for the surviving family members. However, filing such a case requires a thorough understanding of the legal process.
This article aims to provide a step-by-step guide on initiating a wrongful death case in Michigan resulting from an auto accident in case you fail to settle.
When a Settlement Cannot Be Reached
While settling a wrongful death case is typically the desired outcome, there are instances where an agreement cannot be reached between the parties involved. This could occur due to differences in opinion regarding liability, the extent of damages, or the appropriate amount of compensation.
When settlement negotiations fail, the case proceeds to trial. In Michigan, the deceased’s estate must file a lawsuit within three years of death to preserve their right to seek compensation. The litigation process can be lengthy and complex, involving various stages, such as discovery, depositions, motions, and a trial.
During the trial, both sides present their evidence and arguments to the judge or jury, who then determine liability and assess damages. The court considers factors such as the deceased’s earning potential, the financial dependence of the surviving family members, the loss of companionship, and the pain and suffering caused by the loss.
The jury’s decision is typically based on the preponderance of the evidence, meaning they must be convinced that it is more likely than not that the defendant was responsible for the wrongful death.
Step 6: File the Lawsuit
If a fair settlement cannot be reached through negotiations, your attorney will prepare the necessary legal documents and file the wrongful death lawsuit in the appropriate Michigan court.
The lawsuit must comply with the state’s procedural rules and be filed within the statute of limitations, generally within three years from the date of the accident. Failure to meet these requirements may result in your case being dismissed.
Step 7: Discovery and Settlement Negotiations
Once the lawsuit is filed, both parties will engage in the discovery process. This involves exchanging relevant information and evidence through interrogatories, depositions, and document requests. Based on the gathered evidence, your attorney may attempt to negotiate a settlement with the defendant’s legal representatives.
Settlement negotiations aim to reach an agreement without going to trial, potentially saving time and expenses.
Step 8: Trial and Verdict
The case will proceed to trial if a settlement cannot be reached. Your attorney will present your case before a judge or jury, arguing for the defendant’s liability and seeking the appropriate compensation for your loss. The court will consider all the evidence presented and render a verdict. If the judgment is in your favor, the court will determine the damages the at-fault party owes.
Get Proper Coverage
In case of doubt, keep in mind that it is your no-fault insurance provider who will ultimately pay for your medical bills. As long as you get unlimited or no-limit coverage, you should be properly covered when you need the best coverage for your health and safety.
Contact Your Lawyer Today
If you have an insurance claim that you need assistance with, you should contact us today. A lawyer can help you get started with your claim, and a lawyer at Haque Legal will ensure that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it offers.
Disclaimer
The article you read is based on general applications of the law. It is not legal advice and should not be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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