Question By: Proving wrongful death in Michigan requires establishing several key elements. First, it must be shown that a death has occurred due to another party's negligence, recklessness, or intentional actions. The plaintiff, often a family member or legal representative of the deceased, must demonstrate that the defendant owed a duty of care to the deceased. This duty of care varies depending on the relationship between the parties, such as doctor-patient or driver-pedestrian.
Next, the plaintiff must prove that the defendant breached this duty of care through their actions or failure to act. This breach could involve anything from medical malpractice to a car accident caused by distracted driving. Evidence such as eyewitness testimonies, expert opinions, and relevant documentation, like medical or police reports, can be critical in establishing this breach.
The plaintiff must also establish causation, showing a direct link between the defendant's breach of duty and the death. It must be clear that the defendant's actions were the proximate cause of the fatality, not some other unrelated factor.
Finally, damages resulting from the wrongful death must be proven. These damages can include medical and funeral expenses, loss of income, loss of companionship, and pain and suffering experienced by the surviving family members.
Contact their Detroit Wrongful Death Attorney at Ravid & Associates, P.C. to receive your free consultation. For more details, visit: https://ravidandassociates.com/blog/2024/06/03/how-do-you-prove-wrongful-death-in-michigan/
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