At Macomb Injury Lawyers, we understand how difficult and devastating the loss of a loved one can be.  For 50 years our law firm has helped many families in the difficult time of going through the process of a wrongful death action. A wrongful death claim can be brought for any negligent action causing the death of a person whether it be a motor vehicle accident, medical malpractice, nursing home negligence or abuse, product liability, or on the job injury.

A wrongful death claim is initiated by the Personal Representative of the person who has died.  The Personal Representative is appointed by the probate court.  Usually this is a close family member but can be anyone of the court’s choosing.  If a Personal Representative has not been appointed your lawyer can help with this process.  Any lawsuit that is filed on behalf of the deceased person is brought in the name of the estate of the deceased person by the Personal Representative.  The Personal Representative makes the client decisions on the case, including whether to settle the claim or proceed to trial.

Any proceeds from the case are distributed to the “interested parties” in the case, normally comprised of close family members.  Family members often agree on how they wish the proceeds of the case to be divided.  When the family cannot agree, the judge will decide how the funds will be divided.  The judge will award the bulk of any funds to the closest family members such as a spouse or children.