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Tragic deaths caused by negligence can trigger emotional scars and trauma for the deceased’s family and loved ones – and they deserve to take action by seeking compensation.
With medical errors as the third leading cause of death in the United States, and over 40,000 motor vehicle accident deaths occurring per year, wrongful deaths are more common than most think.
If you’ve lost a loved one due to the negligence or reckless behavior of another party, there’s no doubt that you’re experiencing grief, anger, and confusion – but there are steps you can take to seek reparations.
Wrongful death cases are often complex, as there are many factors involved, including insurance claims and criminal proceedings. To pursue wrongful death legal action, it’s best to partner with a knowledgeable and experienced personal injury attorney.
At Mahony Law, we’re here to help you understand the basics of filing a Wisconsin wrongful death claim – and assist you in seeking fair compensation. Here is everything you need to know about Wisconsin wrongful death cases.
Lawsuits regarding wrongful deaths in Wisconsin are civil suits filed by the family members, executors, or administrators of the estate of a deceased person against the at-fault party.
A wrongful death lawsuit can be filed against a person or company that may have caused a death or injury, such as:
The law in Wisconsin for wrongful death is governed by Chapter 895 of the Wisconsin Statutes. This statute states that any person who is responsible for an injury or death may be liable for damages caused by their negligence or reckless behavior.
To prove that another person or organization was negligent, the plaintiff’s legal representation must show that the party owed a duty to take care of the victim, breached this duty, and as a result, injury or death occurred.
A wrongful death claim is not the kind of legal case you want to try handling on your own.
A successful case requires the ability to assemble the needed proof, interpret complicated laws, and advocate for the best results. Hiring the right personal injury lawyer is essential when navigating a wrongful death lawsuit.
Additionally, a Wisconsin wrongful death attorney will have a more specific background and understanding of the matter than an attorney whose practice is more generalized.
Wrongful deaths are a tragic occurrence and the aftermath can be extremely difficult to navigate. A wrongful death lawsuit can be pursued by the family or estate of the deceased person in order to seek justice and compensation for their loss.
In Wisconsin, only the following relatives of the deceased are eligible to sue for wrongful death:
The goal of a wrongful death lawsuit is to pursue monetary damages for the losses experienced by family members, as well as punitive damages against those responsible for causing the death.
There’s a variety of damages that can be awarded for wrongful death in Wisconsin. The simplest damages to calculate are economic – anything with a clear price tag.
These include:
Even with these fairly clear-cut damages, determining the accurate economic value can prove somewhat complicated. Certain factors must be considered, such as the person’s age, earning capacity, and health status before their death.
A knowledgeable personal injury lawyer will help you understand the process in detail.
More subjective and difficult to quantify, general damages are non-economic losses. These typically include:
Such general losses can be difficult to calculate, but an attorney with experience handling wrongful death cases will understand how to approach the matter while seeking justice.
Without a lawyer, it is up to you to convince the court or insurance company that you deserve the compensation you are owed.
Without education and years of experience presenting wrongful death claims, there are many simple errors that victims make while handling their own cases. These errors can significantly impact their chances of receiving a fair settlement from the at-fault party or their insurance company.
Understanding how much compensation you can seek in a wrongful death case can be complicated and confusing. Surviving family members should always seek the help of a knowledgeable wrongful death attorney to ensure they will receive every penny owed.
In many states, punitive damages can be awarded in a wrongful death lawsuit if the defendant acted recklessly or intentionally in causing the death. Punitive damages are meant to punish the wrongdoer for their part in the wrongful death.
However, punitive damages are not available in Wisconsin wrongful death suits – leaving special damages and general damages the best route when seeking justice.
The main responsibility of a wrongful death lawyer is to ensure that the family’s rights are upheld and that they get compensated for their loss. They can also help in making sure that the family has access to all the necessary information about what happened and how they can take action against those responsible.
Hiring an experienced wrongful death attorney in Wisconsin is vital to building your case. In fact, receiving full compensation without one is rare.
An experienced wrongful death attorney can advise the family of their legal rights, help determine a fair amount for compensation, file a lawsuit, and negotiate an out-of-court settlement – or bring the case to trial and let a jury decide.
Any wrongful death is tragic and can leave an individual’s family and loved ones feeling hopeless and lost. No one should have to navigate the subsequent legal proceedings without proper representation.
At Mahony Law, we focus on each individual’s circumstances and goals while never overlooking the pain and trauma caused by the loss of a loved one. We provide masterful representation, clear communication, and educational support through the most difficult times.
The attorneys at Mahony Law have the experience required to represent you in wrongful death claims. We are skilled at negotiating and fighting against insurance companies, putting us in the perfect position to understand, plan, and execute the right legal strategy for every client.
If you believe a loved one would not have died had a responsible party acted reasonably, consider contacting Mahony Law to speak with one of our knowledgeable wrongful death attorneys. Call (262) 331-3553, send an email to info@mahony-law.com, or book a FREE consultation to determine the right path to seeking justice for your loved one.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
