Is a wrongful death claim limited for a parent who has lost a child in an automobile accident in Michigan?
A. No (at this time). Parents who have lost a child due to another’s negligence may face defense arguments to limit wrongful death damages based on the age of a child that was wrongfully killed in a car accident in Michigan. Lawyers defending wrongful death automobile accident cases in Michigan have recently tried to limit the period of time that parents can recover for the wrongful death of a child. These efforts have been rejected by the courts in Michigan in recent years. For example, in Thompson v Ogemaw Co Bd of Rd Comm’rs, the Michigan Supreme Court found the damages for pecuniary injuries suffered by the surviving parents of a minor child could extend beyond the child’s minority. The court stated: ‘We do not believe that the age of the child at death (whether before or after majority) is decisive as to consideration of loss of possible future support after the 21st birthday. Nothing in the Michigan statute suggests such a distinction…the language of the Judis and MacDonald cas
Related Questions
- Is a wrongful death claim on behalf of someone killed in a car accident that occurs in Michigan different from a wrongful death claim that can be brought in other states?
- Will my claim for personal injuries or wrongful death resulting from an automobile accident or motor vehicle collision affect my Florida insurance premiums?
- Is a wrongful death claim limited for a parent who has lost a child in an automobile accident in Michigan?
