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Loss of Society and Companionship Claims

By Lawrence Buckfire

Republish: EasyPublish™ Published: 21Jun2011 Word count: 561 Viewed: 176 time(s) Get Free Content For Your Site

In a Michigan wrongful death lawsuit, family members of the deceased person may be entitled to recover damages and compensation related to the death of their family member. These claims can be made in all Michigan Wrongful Death cases under the Michigan Wrongful Death Statute.

Who is entitled to recover loss of consortium and companionship claims under Michigan Law?

Under Michigan common law, which is law set by judges in other cases, certain classes of people are entitled to claim damages for loss of consortium or companionship as a result of an injury to another. The amount of damages that a person may be entitled to for the personal injury or wrongful death claim of another is decided by a jury (or a judge, if no jury demand has been made).

Loss of consortium claims is known as "derivative damages" because they are derived from another's personal injury or wrongful death. People entitled to recover such damages in Michigan include a spouse, children, parents of the person injured, or the person who suffers a wrongful death. The most common claim is a loss of consortium claim by a family member for damages to their relationship with the injured person.

What wrongful death damages can you claim in Michigan for injury to a spouse?

Michigan Civil Jury Instruction 52.01 directly addresses the measure of damages for injury to a spouse due to the wrongful death of the other spouse. The damages allowed to the surviving spouse include the:

*Reasonable expense of necessary medical care, treatment and services received by the spouse.

*Reasonable value of the services of spouse of which the surviving spouse has been deprived. This includes help around the home, bill paying, maintenance, and other services that a husband and wife typically provide to each other.

*Reasonable value of the society, companionship and sexual relationship with deceased spouse of which the surviving spouse has been deprived.

These damages are for the past, which is from the date of death to the present, and those that will occur in the future over through the surviving spouse's lifetime.

What wrongful death damages can children claim in Michigan for loss of a parent?

The children of a person who dies of a wrongful death can also have a claim for loss of parental society and companionship. However, Michigan does not recognize recovery of a parent suing for loss of companionship for an injured child. Michigan does continue to recognize a parent's entitlement to recovery for economic damages in the form of medical expenses, loss of services, paying for the care of an injured child, and even damages for wages that the child may have earned up to the age of eighteen. These rules only apply where the child is injured.

Statute of Limitations For A Michigan Wrongful Death Accident

The procedures for filing claims and lawsuits are different virtually everywhere and the time limitations for filing wrongful death claims isn't always the same. Depending on what type of case it is, whether it is a medical malpractice, car accident, or motorcycle accident, for example, determines the statute of limitations for the case. If you miss a deadline, your claim will be lost forever.

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