When a motorcyclist dies because of an accident involving a motor vehicle, both the Michigan No-Fault Act and the Michigan Wrongful Death Act apply.
Ultimately an Estate must be opened, and a Personal Representative must be appointed by the Court. The Personal Representative stands in the shoes of the victim and can bring a lawsuit against all parties that are potentially responsible for the death.
Any money obtained in a lawsuit, in a way, becomes proceeds of the Estate and is distributed to those who qualify to receive it under the law. The Court must authorize the settlement and the distribution of the proceeds. This creates a ‘check and balance’ to make sure the family members are protected and are given Notice and opportunity to be heard on who gets how much.
If there is a Will, the deceased probably has named someone as his or her Personal Representative; that person would probably be appointed by the Probate Court. If there is no will, the court will appoint a Personal Representative according to statutory requirements.
The Personal Representative of the deceased’s Estate has the power to hire a personal injury attorney and make decisions on behalf of the Estate. We commonly appoint co-personal representatives (two individuals) if there is any dispute or worries within the family.
The major damages recoverable in a Wrongful Death action include: (1) pain and suffering that the deceased suffered before her death, (2) future wage loss and (3) loss of society and companionship. First Party, No-Fault benefits are also available when there is an accident-related death involving a ‘motor vehicle’. These benefits are known as survivor loss benefits.
Those persons entitled to recover damages in wrongful death actions are described by statute, MCLA 600.2922(3), but its provisions are broad and are subject to judicial interpretation.
The persons who may be entitled to damages under the Wrongful Death Act are limited to any of the following who suffer damages and survive the deceased:
Other persons with special standing or relationship with the deceased may be entitled to compensation. The above list should not be considered as all inclusive.
We have handled numerous motorcycle wrongful death cases which have obtained millions for family members. We work on a contingency basis, meaning there is never a fee until and unless we win for you. Call for a free case evaluation. Time is of the essence.
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Results may vary depending on your particular facts and legal circumstances.
Provide a few simple details about your injury and our team will take it from there.
Families may receive compensation for the deceased's pre-death pain and suffering, future lost wages, loss of society and companionship, funeral expenses, and survivor loss benefits through Michigan's No-Fault system. The specific amount depends on numerous factors including the circumstances of the accident, the motorcyclist's age and income, and the relationships with surviving family members.
While not wearing a helmet doesn't prevent recovery, it may impact the compensation amount if it contributed to the fatal injuries. However, our firm has extensive experience in these cases and knows how to effectively counter defense arguments about helmet use. We focus on establishing the other driver's primary negligence and demonstrating that the accident itself, not the lack of helmet, was the fundamental cause of death.
Settlement proceeds are distributed according to the Michigan Wrongful Death Act based on each survivor's relationship to the deceased and their degree of damages suffered. The distribution must be approved by the probate court after all eligible family members receive notice and have an opportunity to be heard, ensuring fairness and transparency in the allocation process.
