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Michigan Wrongful Death Questions & Answers
1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
PREMIUM
David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Michigan on
Q: If a person sets a bait package on their porch and it is stolen, and the thieves are injured/died, can there be charges?

Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More

1 Answer | Asked in Health Care Law and Wrongful Death for Michigan on
Q: 2021 my father passed away from getting the Covid vaccine poor hospital treatment can I make someone accountable?

The death certificate says he died from Covid he had already recovered from Covid months before and decided to get vaccinated. Later that night and carrying into the the next day he was having a hard time breathing. We took him to the hospital where he spent the next 25 days alone because family... View More

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Might be worth a call to a medical malpractice firm, but under the circumstances, you may not find much relief. Foremost, you are likely running up against a statute of limitations.

1 Answer | Asked in Personal Injury and Wrongful Death for Michigan on
Q: How do I find a copy of a lawsuit from the 1962-5's and find out what the judgement was?

I know the suit was filled by my Grandmother/Uncle/Aunt and Mother for the death of my Uncle that drowned in Loran Ohio, I believe the ore ship was out of Escanaba, MI.

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Go to the records department of the clerk of the court where the lawsuit was filed. You should be able to search by the case number or by the legal name of one of the parties.

1 Answer | Asked in Contracts, Family Law and Wrongful Death for Michigan on
Q: As a 16-year-old, I want to get a CSI report on the death of my mother. How do I obtain this? Can I do it myself?

The death was deemed a suicide, in 2007. I have the CSI officer's name. My mother did not have any other children, however, my dad, her husband before she died is still alive and I live with him. The case is closed.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2022

I don't think it's a CSI report you are looking for; perhaps an autopsy report? You are going to need an adult to help you get that.

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan on
Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is... View More

Michael Zamzow
Michael Zamzow
answered on Feb 15, 2022

It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

1 Answer | Asked in Wrongful Death for Michigan on
Q: What are a personal representative's rights and means for acquiring the decedent's medical and other records?

If a family member dies under suspicious circumstances and we want to uncover wrong-doing and negligent treatment by officials and care-givers, what are our rights in demanding all records associated with the decedent's medical treatment? We want records from public mental health agencies... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

It's going to take a lot, and you'd probably be wise to hire an attorney to help you undertake all that and to do it properly.

You're not getting judge's notes, however. But most everything else, there is a way - through HIPAA or FOIA.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

1 Answer | Asked in Juvenile Law and Wrongful Death for Michigan on
Q: Michigan school shooter

In the case of the Michigan school shooter what if the defense argues that the boy had mental health problems and argues that the parents were negligent in not seeking treatment, buying a gun for their teenage son and not notifying the school that he had access to gun? Can the state use the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Yes. And that is why each party has his or her own attorney.

1 Answer | Asked in Personal Injury, Products Liability and Wrongful Death for Michigan on
Q: Hi! My mom currently passed away from serious complications due to her hernia mesh, the exact make is not on recall.

Is there still a case? It was a Johnson and Johnson mesh she had put in her in 2012. She saw a Specialist in 2018 and he told her the quality of life she had now is the best it’s going to be and it couldn’t be removed. It had already broken down in her body by then and caused a fistula. Long... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2021

I'm very sorry for the loss of your mother. A Michigan attorney could advise best, but your post remains open for a week. You ask very good questions. Yes, there are product liability suits that do not necessarily involve recalls. And yes, you should try another lawyer. They may tell you the... View More

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Michigan on
Q: Do I have to sign a family member consent for representation agreement my ex wife’s attorney sent me?

Our 30 year old daughter passed last year suddenly, no will, now my ex got a lawyer and is suing the hospital etc. for wrongful death, medical malpractice and other damages. I was sent forms to sign that I agree with her and fully cooperate with their legal services, which I don’t agree! My... View More

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2020

Interesting. Wrongful death and medical malpractice claims are complex enough that you would be well advised to discuss this letter with an attorney before signing it. Your ex can, quite likely, proceed without your signature or cooperation.

2 Answers | Asked in Wrongful Death for Michigan on
Q: Moms parental rights terminated, dad is in prison for life, I am the only full sibling, could I file wrongful death?
Brent T. Geers
Brent T. Geers
answered on Apr 21, 2020

I assume your wrongful death claim would be for your sibling? You could possibly open a probate estate for that person and initiate a wrongful death suit. It's highly complex so you'll need an attorney.

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1 Answer | Asked in Criminal Law and Wrongful Death for Michigan on
Q: Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

No. But what are you considering witness intimidation?

1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on
Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin
Gary Kollin
answered on Sep 3, 2019

Sue who?

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Michigan on
Q: What type of lawyer do I need to sue my doctor for malpractice and do I even have a case?

My ob gyn said my baby was healthy when I was pregnant but I was sick so she prescribed me zofran. I was not informed of any major risks to myself or my baby by taking this drug. Thinking that I could trust my own doctor I thought it was safe. A short time after taking the prescribed drug, I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2019

I'm very sorry for your loss. As a starting point, you could contact a medical malpractice attorney in Michigan for an initial consultation. In terms of your question about having a case, that is something an attorney could make a more meaningful determination after learning more details from... View More

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1 Answer | Asked in Wrongful Death for Michigan on
Q: If someone passes away and has no will what happens to the deceased persons ashes?

He had a wife and children and step children living parents also

Peter N. Munsing
Peter N. Munsing
answered on Jun 15, 2019

wife, children get them.

1 Answer | Asked in Wrongful Death for Michigan on
Q: My friend is a nurse with a wrongful death suit against her. Can she go to jail?
Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

No. Wrongful death is a civil case. Presumably the insurance company for the hospital or doctor she worked for has given her an attorney and she can discuss the case with that person.

1 Answer | Asked in Criminal Law, Personal Injury, Landlord - Tenant and Wrongful Death for Michigan on
Q: If my son was murder in a apartment complex can i sued the apartment complex

of there camera did not work now no one will talk to the police so can i sued tthe apatment complex cause it no justice for my son

Peter N. Munsing
Peter N. Munsing
answered on Dec 7, 2017

You need to contact a member of the Michigan Assn for Justice who handles Landlord liability. They give free consultations. However a landlord is not required to have a working camera unless that is part of the lease, and security issue cases are often difficult, especially as the Republican... View More

1 Answer | Asked in Wrongful Death for Michigan on
Q: i have written a letter to the police department involved, can I send it or hand it to them in person?

I believe this was the most horriffic nightmare not only the loss of my Son but had the police involved myself , or my daughter, instead of making us STAY across the street and police asked nothing about my SON, the police were running back and forth across the street to tell us "your Son... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

Not sure what happened but before you send letters to the police, if your son is chaged talk to a lawyer. If your son was killed someohow, then discuss it with a member of the Michigan Assn for Justice --they give free consults.

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