Can I Sue if My Family Member was Killed or Seriously Injured in a Truck Accident?
When a regular passenger vehicle is involved in a crash with a semi-truck or large commercial vehicle, the consequences are usually serious, and the injuries sustained, if the passengers in the smaller automobile survive, can be very serious. Unfortunately, a lot of crashes involving semi-trucks or commercial vehicles are fatal, and someone doesn’t survive. Either scenario can leave that person’s family asking, “can I sue if my family member was killed or seriously injured in a truck accident”, and the answer is yes.
If your family member was seriously injured and can act for themself following a crash with a semi-truck, you shouldn’t waste time contacting an experienced Michigan semi-truck accident lawyer, who can quickly help you become a temporary guardian of that person. This will allow you to act in the interim on behalf of the injured person, including retaining an attorney, to help ensure that person and their loved ones receive the benefits and compensation they deserve. Once this is complete, the attorney can help file the right documents and proceedings, so the court will make the guardianship or what’s called a conservatorship official. This action must be taken immediately after the injury, so your truck accident team can help protect the injured person’s claim from the start.
Setting up an Estate & and Filing a Lawsuit on Behalf of a Loved One Killed in a Crash with a Semi-Truck
If your loved one is killed in a crash with a semi-truck, you have the right to set up an estate on behalf of the deceased person and have the court appoint you as the personal representative. Under Michigan law, only the personal representative of an estate can contact a Michigan wrongful death attorney, and initiate a lawsuit. If you’re working with an experienced attorney, they will initiate the correct procedures quickly, to make sure the case continues to move forward.
What can I Sue for if My Family Member was killed in a Truck Accident?
If your family member was killed in a crash with a semi-truck or commercial vehicle, under the Michigan wrongful death law and auto no-fault law, the damages you can pursue a claim for include the following:
- Loss of Financial Report– This is for any dependent of the deceased (spouse, child, etc.)
- Loss of Society, companionship, love, and affection – This means the loss of the relationship with that person no longer being alive. The law states you’re entitled to receive a reasonable value, for that relationship. This includes separate claims for both for example a spouse, and also the children of the person killed.
The list of those who can become that personal representative of the estate and file a wrongful death claim include the person’s spouse, children, parents, grandparents, stepchildren, siblings, other family members, or anyone else listed in the deceased person’s will. It’s important to note, that while only the personal representative of the person killed will file the claim, other family members can claim compensation listed above but must pursue their claims as part of the larger suite with the personal representative.
How long do I have to sue if my loved one was killed in a semi-truck accident?
Under Michigan law, the statute of limitations for a wrongful death claim is complicated and can vary in length. However, the law states, that if the claim is for the underlying cause of action, or in this case is based on an underlying claim of standard negligence, you’d have three years from the death to file a wrongful death claim. In most circumstances, especially in a wrongful death case involving a semi-truck crash, you don’t want to wait to speak with an attorney at all, and you need a team who can take action immediately. At Sinas Dramis Law Firm we offer free consultation, and under our contingency fee agreement, you don’t pay anything until we win or settle the case. So if you’re asking can I sue if my family member was seriously injured or killed in a truck accident, and you need a Lansing semi-truck accident attorney, Grand Rapids semi-truck accident attorney, or anywhere else in Michigan, we can handle your case.