On August 6, 2024, McKeen & Associates, P.C. Founder and Managing Partner, Brian McKeen appeared on CBS Detroit to discuss a Michigan Supreme Court ruling on July 30, that future earning capacity cannot be claimed in a Wrongful Death case.
When someone dies as a result of medical malpractice or negligence, a lawsuit may only be brought by a survivor under the Wrongful Death Act. Prior to July 30, 2024, the loved ones of the deceased were able to recover damages that included the loss of the deceased’s future earning capacity. This new ruling does not allow for this recovery with rare exceptions.
This means that if a family loses a beloved child as a result of someone’s negligence, that child’s potential for future earning – lost because of the defendant’s negligence – is no longer recoverable.
“The purpose of our tort system is to make people whole and put them in a position they would have been in but for the other’s negligent act,” says Brian McKeen, founder and managing partner of McKeen & Associates, P.C.. “This decision undermines the basic principles on which our tort system is based and will allow people to avoid compensating loved ones who suffered loss at the hands of a negligent party.”
