Legal Claims After Death Due to Car Accident: What Families Need to Know
At Sinas Dramis Law Firm, we understand that losing a loved one in a car crash is an unthinkable tragedy. For over 70 years, our firm has stood beside Michigan families, helping them navigate the emotional and legal challenges that follow. If your loved one died due to someone else’s negligence or wrongdoing behind the wheel, it’s important to understand your rights under Michigan law regarding legal claims after death due to a car accident.
Why Understanding Your Legal Rights Matters
Motor vehicle fatalities are more common than most people realize. In 2022 alone, more than 42,000 people lost their lives in car accidents across the U.S. These events leave families devastated—emotionally and financially. Knowing your legal options is a vital first step in seeking justice and compensation for your loss. Sinas Dramis is here for you, every step of the way.
What Legal Claims Can Be Made After a Fatal Car Accident?
Under Michigan law, there are two primary legal claims that surviving family members may pursue after a fatal car accident:
- Wrongful Death Claim
A wrongful death claim is filed against the at-fault party (driver or vehicle owner) whose negligence caused the accident. This civil lawsuit seeks compensation for the deceased person’s family members, including:
- Loss of financial support
- Loss of companionship, care, and guidance
- Funeral and burial expenses
- Pain and suffering of surviving loved ones
- No-Fault Survivor’s Loss Benefits
Michigan’s No-Fault Insurance Act allows family members who were financially dependent on the deceased to claim survivor’s loss benefits from the no-fault insurance carrier. These benefits help cover:
- Lost wages or income the deceased would have provided
- Replacement services (e.g., child care, household chores)
- Medical and funeral expenses
Who Is Entitled to File Legal Claims After a Fatal Car Accident?
Under the Michigan Wrongful Death Act, the following family members may be eligible to pursue a wrongful death claim:
- Spouse
- Children and grandchildren
- Parents and grandparents
- Siblings
This group is defined under Michigan law as the “class of interested persons.”
Under the Michigan No-Fault Act, individuals considered presumptive dependents and eligible for no-fault survivor’s loss benefits include:
- The deceased person’s spouse
- Minor children
- Adult children who were living with and financially dependent on the deceased parent at the time of the accident
Time Limits for Filing Legal Claims After Death Due to Car Accident
Understanding legal time limits is crucial. Missing a deadline can mean forfeiting your right to compensation.
- Wrongful Death Claims: Must be filed within 3 years of the date of the fatal crash.
- No-Fault Claims: Must be filed within 1 year of the date of the loss to recover full survivor’s loss benefits.
If you think you may have a claim, it’s critical to consult with a personal injury attorney as soon as possible to protect your rights.
How to Prepare in Advance: Protecting Your Family with the Right Insurance
No one wants to think about tragedy, but being proactive with your insurance coverage is one of the best ways to protect your loved ones financially.
We recommend:
- Unlimited, Uncoordinated No-Fault coverage: Maximizes benefit payouts regardless of other insurance.
- Underinsured/Uninsured Motorist Coverage (UM/UIM): Minimum recommended limits of $500,000 to protect against drivers with inadequate coverage.
Having the right policy in place ensures your family is protected if the unthinkable happens.
Why Legal Representation Matters After a Fatal Car Accident
Navigating the legal system while grieving is incredibly difficult. At Sinas Dramis Law Firm, we provide compassionate, expert legal guidance to help you through every step of the process.
Our attorneys can:
- Investigate the accident and determine liability
- File the necessary wrongful death and no-fault claims
- Ensure your family receives the maximum compensation possible
- Advocate for justice and accountability on your behalf
Contact Sinas Dramis Law Firm: We’re Here to Help
If you’ve lost a loved one in a motor vehicle crash, you are not alone. Let us help you understand your rights and explore your options for filing legal claims after death due to a car accident. We’re committed to securing justice and compensation for Michigan families.
Contact Sinas Dramis Law Firm today for a free consultation at 866-758-0031 or sinasdramis.com. Our Grand Rapids car accident lawyers, Lansing auto accident attorneys, Ann Arbor personal injury attorneys, Kalamazoo personal injury lawyers, and our team in St. Clair Shores will make sure you get the insurance benefits and compensation you deserve.