Can You Sue Your Lawyer For Mishandling A Wrongful Death Case In Michigan?
As wrongful death attorneys serving families across Detroit and throughout Michigan, we understand how devastating it can be to lose a loved one due to someone else’s negligence. Families often place their trust in an attorney to pursue justice and secure financial stability for the future. But what happens if that attorney mishandles the case, such as missing deadlines, failing to file essential documents, or settling for far less than what the claim was worth? In Michigan, you may have legal options if your lawyer’s actions, or inactions caused you to lose your rightful compensation. Holding a negligent attorney accountable is complex, but Michigan law provides a path for clients who have been harmed by legal malpractice.
Understanding Legal Malpractice In Michigan
Legal malpractice occurs when an attorney fails to perform their duties in accordance with the professional standard of care expected of Michigan lawyers. Under Michigan Compiled Laws (MCL) § 600.5838(1), a claim for legal malpractice arises when an attorney’s act or omission causes financial harm to the client.
To succeed in a malpractice lawsuit, the plaintiff must prove four key elements:
- Attorney-Client Relationship – The lawyer had a professional duty to represent you.
- Breach of Duty – The lawyer failed to meet the standard of care, such as missing a filing deadline or failing to investigate your wrongful death claim properly.
- Causation – The lawyer’s mistake directly caused harm to your case.
- Damages – You suffered measurable financial loss because of the attorney’s negligence.
Essentially, you must show that the attorney’s mishandling of the wrongful death case caused you to lose a case or recover far less than what you would have received with competent representation.
Wrongful Death Lawsuits Under Michigan Law
In Michigan, wrongful death actions are governed by MCL § 600.2922, which allows certain family members or representatives of the deceased’s estate to file a lawsuit when death results from another person’s wrongful act, negligence, or fault. Damages may include funeral expenses, lost financial support, medical costs, and pain and suffering before death.
A wrongful death claim is a serious matter that requires strict compliance with procedural rules and statutes of limitation. The attorney must:
- Properly identify the personal representative of the estate.
- File the lawsuit within the appropriate time frame, generally three years from the date of death.
- Gather evidence, including police reports, medical records, and witness statements.
- Accurately assess economic and non-economic damages.
If an attorney fails to follow these steps or misses the filing deadline, the case may be dismissed, leaving the family without any compensation.
When A Lawyer Mishandles A Wrongful Death Claim
A mishandled wrongful death case may involve a wide range of attorney errors, including:
- Missing the statute of limitations or filing in the wrong court.
- Failing to identify the correct defendants, such as the driver, company, or insurance carrier.
- Neglecting to investigate key evidence or consult necessary experts.
- Mismanaging settlement negotiations or accepting an inadequate offer without client consent.
- Failing to communicate important developments to the family.
Under MCL § 600.5838a, clients have two years from the date of the attorney’s malpractice—or six months from the date the malpractice was discovered—to file a legal malpractice claim. However, this period cannot exceed six years from the wrongful act. This means time is critical. If your previous attorney failed to properly handle your case, it’s important to act quickly.
Proving Damages In A Legal Malpractice Claim
Proving damages in a malpractice case is often referred to as the “case within a case.” You must show that your original wrongful death case had merit and that, but for your lawyer’s negligence, you would have obtained a better outcome. This requires demonstrating that the underlying claim was likely to succeed and that the attorney’s conduct caused measurable financial harm.
For example, suppose a lawyer missed the statute of limitations in a wrongful death car accident case. In that case, you must show that the original claim would have resulted in a settlement or judgment had it been filed properly. Our firm often works with financial experts and forensic accountants to calculate the value of the lost recovery, ensuring the damages accurately reflect the harm caused.
Seeking Justice After Legal Malpractice
We understand that filing a malpractice claim against another lawyer can feel daunting. Families who have already endured a wrongful death often hesitate to reopen painful wounds. However, when an attorney’s negligence robs you of justice, holding them accountable is both your right and an important step toward closure.
At Ravid & Associates, P.C., we carefully review wrongful death cases that were mishandled by prior counsel. We evaluate whether the attorney breached their duty and determine the financial losses caused by their negligence. Our goal is to restore some of the trust and fairness that was taken from you and to help your family recover the compensation you should have received.
FAQs About Suing A Lawyer For Mishandling A Wrongful Death Case In Michigan
Can I Sue My Lawyer If They Missed The Wrongful Death Filing Deadline?
Yes. Missing the statute of limitations is one of the most common forms of legal malpractice. If your attorney failed to file your wrongful death lawsuit within the time required under MCL § 600.5805(10)—generally three years from the date of the death—you may have a valid claim.
How Do I Prove That My Lawyer’s Negligence Caused Financial Harm?
You must demonstrate that your original wrongful death claim would likely have succeeded if handled properly. This may include showing that the evidence was strong, liability was clear, and damages were substantial. Expert testimony and financial documentation often play a key role in proving the losses.
What If My Lawyer Settled The Case Without My Consent?
Attorneys must always obtain a client’s approval before accepting a settlement. If your lawyer settled your wrongful death case without your knowledge or permission, this may constitute malpractice and a breach of ethical duty under Michigan’s Rules of Professional Conduct.
How Much Time Do I Have To File A Legal Malpractice Claim In Michigan?
Under MCL § 600.5838a(2), you generally have two years from the date of the malpractice or six months from the date you discovered it, whichever is later. However, you cannot file more than six years after the malpractice occurred. Because time limits are strict, it’s best to consult an attorney as soon as you suspect mishandling.
Can I Recover The Full Amount I Lost From The Original Wrongful Death Case?
If successful, you may recover the amount you would have received in the original lawsuit, plus interest, costs, and potentially additional damages depending on the case. Our firm evaluates every detail to ensure that your financial recovery reflects the true extent of your losses.
Does Filing A Malpractice Claim Mean I Have To Relive The Entire Wrongful Death Case?
Not entirely, but elements of the original case will be examined to determine its value and likelihood of success. Our goal is to handle this process with compassion and efficiency, protecting you from unnecessary emotional stress while pursuing accountability for the attorney’s misconduct.
Call Ravid & Associates, P.C. Today For A Free Consultation
If you believe your wrongful death case was mishandled, you deserve answers and accountability. At Ravid & Associates, P.C., we have helped Michigan families pursue justice after legal malpractice in wrongful death and serious injury cases. Contact our Detroit legal malpractice attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout the entire state of Michigan from our office in Southfield, Michigan.
