Michigan Wrongful Death Legal Questions

I'm sorry for your loss. Under Michigan's Wrongful Death Act, only the personal representative of the decedent's estate may bring a wrongful death action, regardless of relationship status. Thus, as the decedent's fiance, you would have no standing to bring the claim unless you were appointed as the personal representative of your fiance's estate.  Supplying an illegal substance, including crack cocaine, can satisfy the "wrongful act" element of a wrongful death claim against the best friend. Liability does not depend on the best friend having been convicted of a crime. The fact that the coroner and/or the police apparently did not link supplying the cocaine to your fiance's death does not bar the claim, but it may complicate proving a causal relationship between supplying the cocaine and your fiance's death. Also, although there is generally no common law duty requiring the best friend to call for emergency assistance, there is an exception where the best friend created the situation and observed the resulting medical distress. All that said, even if the claim is successful, it may be very difficult to collect on any judgment obtained against the best friend.  As far as making a claim against the coroner or the police, that is likely impossible due to governmental immunity. There would have to be proof of gross negligence. Mere incompetence would not be enough to fall within the gross neglgience exception to governmental immunity.  I hope this information, though likely disappointing, is helpful. Again, I am sorry for your loss. ... Read Answer

When someone is killed in an accident, an estate is created for that person. Both the person's children and his or her spouse could recover damages from a lawsuit. However, to do so, they would need to be Plaintiff's to the lawsuit. Also, the spouse and the children could each have separate lawyers representing them in a lawsuit. If the spouse is not a party to a lawsuit, that person would not receive any of the money recovered.... Read Answer

All of this sounds absolutely horrific.  If the chair had no safety release then you have a products liability case that is certainly worth investigating. You don't necessarily need a malpractice attorney, any attorney who does products liability cases should be able to help you.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.   Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer