Legally Reviewed and Edited by: Terry Cochran

Published on: July 23, 2025

It’s a tragic situation: someone you love has recently died because of another person’s negligence or wrongful actions. In this situation, it’s critical that you understand the law wrongful death, because the outcome of this case is crucial for your family’s future. If someone is liable for wrongful death, then it means that the person or entity is held legally responsible for causing someone’s death due to careless, reckless, or intentional actions.

At Cochran, Kroll & Associates, P.C., we bring years of experience to the table, and we are here to help with your wrongful death case. We’ve helped countless Michigan families work through these seemingly impossible situations. The truth is that no amount of money can bring back your loved one, but holding the responsible party accountable can provide financial security and justice.

What Is Wrongful Death?

What is wrongful death in legal terms? A case falls in the category of wrongful death when someone dies due to another party’s negligence, recklessness, or intentional harm. Unlike criminal cases, where the state prosecutes for murder or manslaughter, wrongful death is a civil matter where families seek compensation from the person or entity at fault.

The key difference between wrongful death and murder lies in the burden of proof. Criminal cases require proof “beyond a reasonable doubt,” while wrongful death cases only need “preponderance of evidence.” This means it’s more likely than not that the defendant caused the death. Understanding what does liable mean in these cases is crucial for families seeking justice.

According to Michigan law, certain family members are allowed to file these claims within three years of the person’s death. When dealing with wrongful death cases, timing matters, which is why it’s critical that you seek legal guidance as soon as possible.

Common Causes of Unlawful or Wrongful Death

Unlawful death cases can happen due to various situations where someone’s actions directly cause another person’s death. Common examples include:

• Car accidents represent the most common cause, especially when drivers are distracted or unsafe because they are texting, drinking, or speeding.
• Medical malpractice also leads to many wrongful death claims. When doctors make mistakes and harm the patient, it can cause serious injuries and even death. Examples include a cancer misdiagnosis, surgical errors, or failure to monitor patients properly. We’ve seen too many cases where hospital negligence turned routine procedures into tragedies.
• Other common causes include workplace accidents, defective products, nursing home abuse, and premises liability incidents.

Regardless of the cause of the death, the case requires solid proof that the defendant’s actions were the direct reason why the victim lost their life. Understanding what does wrongful death mean helps families recognize when they have grounds for legal action.

How Does a Wrongful Death Lawyer Prove Liability?

You need to understand what liability means in order to prove wrongful death, which requires establishing four key elements.

1. First, we must show the defendant owed a duty of care to your loved one. For example, drivers owe other motorists safe driving, and doctors owe competent medical care to their patients.
2. Second, we have to prove the defendant breached that duty through action or inaction. For example, a surgeon operating while under the influence of alcohol or drugs clearly breaches their duty.
3. Third, we need to show causation that the breach directly resulted in the person’s death.
4. Finally, we document damages resulting from the death, including medical bills, funeral costs, lost income, and the emotional impact on surviving family members.

Our legal team is here to help every step of the way. We can gather evidence, interview witnesses, and work with experts to build a compelling law wrongful death case.

Legal Process of a Wrongful Death Claim

Talk to an experienced attorney who understands the legal process. It starts with our investigation into the circumstances surrounding your loved one’s death. We review medical records, accident reports, and witness statements to understand what happened.

Next, we file the wrongful death lawsuit in the appropriate Michigan court. The defendant then has time to respond, and the discovery phase begins. During discovery, both sides exchange information and take depositions from key witnesses. Understanding what is wrongful death litigation involves helps families prepare for what lies ahead.

Many cases settle during mediation or negotiation before trial, and a settlement is the goal whenever possible. However, if we can’t reach a fair settlement, we’re prepared to present your case to a jury.

How Cochran Law Can Assist

At Cochran, Kroll & Associates, P.C., we handle wrongful death cases with the compassion and expertise your family deserves. You don’t need to pay anything up front, because we work on a contingency basis (we only get paid if you win a settlement).

Our experienced attorneys understand what does wrongful death mean for Michigan families. We investigate thoroughly, negotiate aggressively, and aren’t afraid to take cases to trial when necessary. We also help families understand how to file a wrongful death lawsuit and guide them through each step.

We know this is one of the most difficult times in your life. That’s why we handle the legal complexities while you focus on healing and remembering your loved one. When families ask us what does liable mean in their specific situation, we provide clear, compassionate explanations.

Seeking Justice and Moving Forward

If you’re dealing with a potential unlawful death case, then rest assured knowing that you aren’t alone in this challenge. We have a compassionate and knowledgeable legal team at Cochran, Kroll & Associates, P.C., and we’re ready to review your case and guide you through the law wrongful death legal process.

Call our law firm today at 1-866-MICH-LAW for a free, no-obligation consultation. We’re here to fight for your family’s rights and help you move forward with dignity and justice.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.