Losing a loved one unexpectedly in a car crash is a devastating experience under any circumstances, but when that death is caused by someone else’s negligent or reckless driving, the grief also leaves a deep sense of injustice. If you are facing this sort of unthinkable tragedy, filing a wrongful death claim in an Ann Arbor fatal car accident offers a path to holding the responsible party accountable.
The path to a successful car crash wrongful death claim can be a complex and challenging one. The stakes are incredibly high, and you typically need solid evidence and a smart strategy to make the most of this legal process. A wrongful death attorney from the Michigan firm of Goethel Engelhardt, PLLC can help you do exactly that.
How to File a Wrongful Death Claim After an Ann Arbor Fatal Car Accident
First, a wrongful death claim can only be brought by the legally-appointed personal representative of the decedent’s estate. This can be any person who is trusted by the court and the decedent’s family to carry out the estate’s final business, such as resolving debts, passing on the decedent’s assets, and filing a wrongful death claim.
The process of pursuing a wrongful death claim in a court of law can also be extremely complex and time-consuming, often taking many months, or even years, to fully resolve. Working with a high-quality Ann Arbor wrongful death firm is one way to address these challenges. An Ann Arbor car accident attorney can take the lead on developing and deploying a wrongful death litigation strategy while you and your family focus on processing your loss.
Leaning on the services of a talented and reputable attorney in this challenging time can prove to be a tremendous asset to you and your family. By placing this high-stakes legal process in the trusted and competent hands of a top-tier wrongful death firm like Goethel Engelhardt, PLLC, you give yourself peace of mind and critical legal support to guide you through this difficult situation.
Helpful tips for filing a wrongful death claim in Ann Arbor, MI:
- Gather evidence: Key evidence can include witness statements, photos, video footage, toxicology analyses, medical records, autopsy results, and forensic accident reconstruction. Official police reports from the local police department and/or the Michigan State Police are also highly important pieces of evidence in many traffic fatality cases.
- File the wrongful death claim: The personal representative, often with assistance from their legal representation, can prepare and file a wrongful death claim. In Michigan, cases are to be filed in the court system where the decedent last resided.
- Rely on your attorney’s knowledge and experience to pursue the claim: In order to succeed, a wrongful death lawsuit needs to prove four key points: the defendant owed a “duty of care,” the duty was breached as the result of negligence, the breach directly caused the accident or led to damages, and surviving family members experienced real damages.
The State of Fatal Motor Vehicle Accidents in Ann Arbor
Ann Arbor, MI, is home to the main University of Michigan campus, as well as a vibrant mid-sized city with a lot going on socially, culturally, and economically. Ann Arbor sees around 2,000 of Michigan’s nearly 300,000 annual traffic incidents.
Reports from the most recent years, however, suggest that either this data is misleading or Ann Arbor traffic fatalities are on a disturbing upward trend. The independent website Crashes synthesizes the latest available data from a variety of sources, including local media, local government, and the Ann Arbor Police Department. The website has identified more than 30 fatal traffic incidents since the beginning of 2023, with four occurring in the first quarter of 2025 alone.
FAQs About Filing a Wrongful Death Claim in an Ann Arbor Fatal Car Accident
What Is Needed to Win a Wrongful Death Lawsuit?
Solid evidence is needed to win in a wrongful death lawsuit. In this way, a wrongful death case is much like many other types of court cases. While it may seem attractive to save on legal fees by letting good evidence speak for itself, evidence and testimony often needs to be contextualized through a comprehensive legal strategy that meets the unique details of the case for maximum effectiveness in court. Goethel Engelhardt, PLLC has built a reputation throughout Michigan by providing such strategies.
Do I Need a Lawyer to File a Wrongful Death Claim?
You are not legally required to have legal representation to file a lawsuit in the State of Michigan, but you usually need a talented lawyer if you wish to have the best chances of a successful outcome in your wrongful death claim. Goethel Engelhardt, PLLC can help you navigate Michigan’s complex wrongful death process, which spans both probate and civil court matters, so that you and your family can focus on grieving and rebuilding.
What is a Personal Estate Representative in Michigan?
A personal estate representative in Michigan is a party approved by the probate court to settle the final affairs of a deceased person’s estate. This means disbursing the decedent’s remaining assets, settling any debts, etc. The position is analogous to the executor named in a Last Will and Testament. In Michigan, the personal estate representative also has the legal authority to pursue a wrongful death claim.
What Is an Example of a Wrongful Death Claim?
A hypothetical example of a wrongful death claim could be: a University of Michigan student crossing Packard Street at a legal crosswalk is struck and killed by a pickup truck accelerating through a red light. The driver is apprehended by Ann Arbor PD, where he is found to have multiple types of Schedule 2 and Schedule 3 narcotic pills in the vehicle and on his person. The surviving family members could file a wrongful death claim for damages.
Talk to a Local Ann Arbor Wrongful Death Attorney Today
If you are dealing with the legal and financial aftermath of a fatal car accident, in addition to the immense emotional burden, help is available. The team at Ann Arbor’s own Goethel Engelhardt, PLLC, has over 40 years of success fighting on behalf of Michiganders who have been injured or killed in car accidents. Reach out today and set up a confidential, compassionate consultation to learn more about our end-to-end legal services.
