Wrongful death claim against the insurance company after suit

Asked over 1 year ago - Traverse City, MI

the defendant is at fault due to auto accident and defendant has 500k policy 1mill umbrella. their ins company do not want to settle. if goes to trial and the jury will look at the person future earning lost , pain and suffering etc . if the person never worked in his life age 35 never married no children etc. has siblings and both parents. insurance company 0 offer.

Additional information

how much to settle?

Attorney answers (4)

  1. Heather A Lottmann

    Contributor Level 15


    Lawyers agree

    Answered . It is impossible to give you a number based solely on the information provided. Did the person have any hospital bills before he or she passed? Was the person hospitalized before death? Did the individual endure any pain and suffering before passing? Did the individual die at the scene, a week later, a month later, etc.? Was the at fault defendant driving while under the influence of drugs or alcohol?

    Typically, the information we give on this site is general information. You should contact an experienced wrongful death/personal injury attorney in your area who can properly evaluate the claim based on the accident report, medical records, medical bills, etc.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . A plethora of factors go into putting a number on a case. Retain a local wrongful death lawyer to pursue.

  3. Adam L Rothenberg


    Contributor Level 13


    Lawyers agree

    Answered . The factors that go into a claim to evaluate it are far too many for this format. However, damages are based on the law and facts. In additon, no matter what the damages, liability must come first. If there is a 1/100 chance of winning, then even a $100,000 case is worth only $1,000. Probably no offer because they do not believe in liability. Damages are based upon economic and non-economic losses - ie medical bills versus pain and suffering. Different states allow for different types of claims. A claim like this really requires the skills of an experienced TRIAL lawyer to evaluate. Hope that helps.

  4. George G. Burke III

    Contributor Level 11

    Answered . Hire a MI attorney if you are not working with one.

    I agree with the other contributors and would add the following: Michigan has a wrongful death statute that provides an outline for those that can claim damages (http://legislature.mi.gov/doc.aspx?mcl-600-2922) and damages are in part based on the relationship between the living claimant and the deceased. Also, as MI is a No-Fault state, there are survivor's loss benefits MCL 500.3108. The siblings and parents may not be dependents, but if they had a close relationship with the deceased, then they will need to be well prepared for their depositions to testify about the same.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Wrongful death and personal injuries

Wrongful death lawsuits can be filed if someone’s death is thought to be the fault of another person or business, either intentionally or because of negligence.

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