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Wrongful Death

Michigan Appeals Court Upholds Decision in Toddler Wrongful Death Case

By Lipton Law on July 12, 2012 - No comments

According to a MonroeNews.com report, the Michigan Court of Appeals has upheld the decision made in a wrongful death case involving a toddler. In 2006, a 17-month-old girl was tragically beaten to death and a Monroe woman, reportedly the girlfriend of the young child’s father at the time, was convicted of the toddler’s murder and sentenced to life in prison. In the years following the child’s death, the mother filed a wrongful death lawsuit against the Monroe County Child Protective Services claiming the agency did not do enough to protect the toddler from the woman convicted of the murder.

The final decision in the MI wrongful death case was that the government agency is immune from being sued as the court determined that, although the agency’s conduct “rose to the level of gross negligence,” it was not the direct cause of the child’s death. The case was appealed, but the Michigan Court of Appeals supported the original decision of the court in a ruling made in June. The appellate court ruling states that the parents of the young girl could have done more to keep the toddler away from the woman, particularly considering there were two previous incidents of assault that were documented.

Following the trial, the woman convicted of first-degree murder for the death of the toddler was sentenced to life in prison without the possibility of parole. Now 33-years-old, the woman remains imprisoned at the Ypsilanti’s Huron Valley Correctional Facility. In addition to supporting the original ruling of the court, the Court of Appeals also ruled that no costs are to be awarded to either party in the case.

The sudden loss of a loved one, especially a young child, can be incredibly devastating for a family, who will likely be left with more questions than answers regarding the fatal incident. If you feel the death of your loved one was caused by the negligence of another party, the Southfield wrongful death attorneys at Lipton Law can help you determine what happened and hold negligent parties responsible. To see how we can assist you during this difficult time, please call (248) 557-1688 for a complimentary consultation.

 

Car-Buggy Crash in Hillsdale County Claims Infant’s Life

By Lipton Law on June 6, 2012 - No comments

A Ford Windstar van that crashed into a horse-drawn buggy in Hillsdale Township recently caused several injuries, including the death of a ten-month-old boy, according to an article in the Hillsdale Daily News.

The crash occurred when the van plowed into the back of the buggy, which was traveling along Montgomery Road in Hillsdale’s Woodbridge Township. The van pushed the buggy some distance, upsetting the horses and eventually knocking them into the front yard of a nearby house. The buggy overturned on the lawn of the house, spilling out its three passengers.

All three of the buggy’s passengers were injured in the accident. The smallest, a ten-month-old boy, was airlifted to a local hospital, but he lost his life during the trip. The other two passengers were treated at a local hospital, which has not issued an updated report on their injuries.

Car accidents in Michigan can harm more than just other motorists. Bicyclists, pedestrians, and those who are using the roads in other ways can also be seriously injured if they’re hit by a car. If you’re injured while on the road, you may feel confused and overwhelmed with the struggle of figuring out what happened while you’re also trying to heal.

At Lipton Law, our skilled Southfield traffic accident wrongful death lawyers are dedicated to helping you handle the insurance and other issues after a crash, so you have the time and resources you need to move forward after the devastating loss of a loved one. Call us today at (248) 557-1688 for a free and confidential consultation.

 

Michigan Wrongful Death Laws Protect Those Who Lose Loved Ones in Crashes

By Lipton Law on November 28, 2011 - No comments

Michigan’s no-fault insurance laws prevent most people injured in car accidents from filing lawsuits in court to seek compensation. Instead, most people are expected to work out the situation with their insurance companies. When a family member suffers fatal injuries in a car accident, however, the survivors may bring a wrongful death claim to court in order to seek compensation.

A wrongful death suit can be filed by the personal representative of the deceased person’s estate. The personal representative is responsible for “wrapping up” the estate after death, a responsibility that includes the power to sue if someone else’s negligent or intentional acts may have caused the deceased person’s untimely demise. The personal representative brings the case to court on behalf of the deceased person’s spouse and/or next of kin.

In a wrongful death case based on a car accident, the family may be able to recover damages to pay the lost loved one’s final medical bills, funeral and burial expenses, lost wages, and an amount for the loss of the deceased person’s care, companionship, guidance, and emotional support. If the fatal crash involved a drunk driver, the family may also be able to seek compensation under Michigan’s dram shop law.

When a car accident takes the life of a loved one, it feels as though the world has turned upside down. At Lipton Law, our experienced Southfield car accident wrongful death attorneys are dedicated to helping families handle everything from insurance claims to courtroom trials, giving you the space you need to honor your lost loved one and to move forward after a crash. For a free and confidential consultation, call us today at (248) 557-1688.

 

Wrongful Death Claims May Help Families Who Lose Loved Ones in Traffic Accidents

By Lipton Law on November 9, 2011 - No comments

In Michigan, most car accident injuries are covered by the no-fault auto insurance of those involved in the crash. When an accident causes death, however, those left behind may choose to sue anyone who caused or contributed to the fatal crash. Known as “wrongful death” claims, these cases help families seek the compensation they need after losing the care, companionship, and support of a loved one.

Michigan law allows the personal representative of a deceased person’s estate to bring a wrongful death claim on behalf of the estate, the deceased person’s spouse, or the next of kin. These claims may be combined with negligence or other claims into one case, which helps the family save time, money, and energy. The family may seek damages to pay for things like medical bills, lost wages, and funeral and burial expenses, as well as for less tangible items like the loss of the care, companionship, guidance, and emotional and moral support the lost loved one would have provided were it not for the accident.

Wrongful death claims after a traffic accident can also be brought if the person whose negligence caused the death also lost his life in the crash. In this case, the estates will meet in court, but the damages awarded, if any, still goes to the family of the wrongfully deceased person.

No amount of money can restore a lost loved one to life, but damages can help a family meet its needs after an unexpected loss. If you or someone you love has been injured or lost in a car crash, the experienced Michigan traffic accident wrongful death attorneys at Lipton Law can help. To discuss your legal rights and options, call us today at (248) 557-1688 for a free and confidential consultation.