When a tragic accident or incident that was caused by negligence or reckless behavior results in the death of a loved one, the surviving family members have a right to file a civil claim against the guilty party on behalf of the deceased individual. This is what’s referred to as a wrongful death lawsuit in the legal world.
In the state of Wisconsin, wrongful death claims are commonly filed during the aftermath of a car accident, truck accident, an accident involving a drunk driver, a premises liability accident, a nursing home negligence case, or a case involving a dangerous product. Since wrongful death lawsuits are civil matters, they are entirely separate from criminal matters.
This gives U.S. citizens the power to speak against injustices that occur whether they were caused by an individual, a major corporation, or an industry such as the trucking industry or the medical industry. Wrongful death lawsuits can be difficult to win in court depending on the nature of a case, but with a skilled and knowledgeable Milwaukee, WI wrongful death lawyer on your side, you can receive peace of mind after an undeserved tragedy.
How Wrongful Death Lawsuits Work in Wisconsin
Every state defines wrongful death lawsuits differently. In the state of Wisconsin, a wrongful death is a death that’s caused by a “wrongful act, neglect or fault” which allows a family member to make a civil claim on behalf of the deceased individual in any case where they could have pursued their own injury claim had they lived. What this means is that a wrongful death claim can essentially be filed anytime a personal injury lawsuit could have been filed if the family member had still been alive.
Surviving spouses, domestic partners, children, grandchildren, parents, guardians, and personal representatives of the deceased person’s estate may all file a wrongful death claim. Wrongful death lawsuits, like all types of personal injury lawsuits, are also affected by statues of limitations and must be filed within a certain date to be processed. In Wisconsin, that period is three years from a loved one’s death.
Wrongful death claims can provide compensation for a family member’s funeral and burial expenses as well as cover the costs of any final medical bills and lost wages. In addition, costs such as pain and suffering costs and companionship, guidance, and comfort costs may also be included. It’s difficult to place a financial value on loss. This extra compensation can be a tremendous help to the victim’s family but it also makes filing a wrongful death claim quite complicated.
Locating a Wisconsin Wrongful Death Lawyer You Can Trust
After losing a loved one, it may seem natural to wonder how a lawsuit can help deliver peace of mind when going back in time and reversing a tragic event is obviously impossible. Lawsuits can be incredibly powerful, however, and can deliver messages that are otherwise difficult to send. Lawsuits can protect others from getting harmed in the future.
If, for example, your loved one died in a tragic drunk driving car accident, a wrongful death claim can be filed against the driver who caused the accident, providing financial compensation as well as sending a message to the guilty driver. That message reads loud and clear and will likely stop that driver from getting behind the wheel while intoxicated again. Wrongful death lawsuits also send impactful messages to manufacturers and hospital corporations that are at fault for placing risky products on the market or failing to deliver the proper standard of care. Lawsuits help change stubborn policies.
At Urban & Taylor, S.C., our experienced personal injury attorneys address the emotional and financial needs after a family’s tragic loss. We look at the value of lost income, damage to the family as a group, and the pain and suffering that were caused. Our efforts to discover the negligence behind the cause of a fatal accident often involve working with investigators, accident reconstruction experts, and other specialists in engineering, manufacturing, forensics, and medicine.
If you have suffered the loss of a family member due to negligence by an individual or business, you deserve justice and fair compensation. Contact Urban & Taylor, S.C. today. We can pair you with a skilled and knowledgeable Milwaukee, WI wrongful death lawyer who can give you the help you need. Our office has built a solid reputation throughout Wisconsin for providing exemplary legal representation focused on protecting legal rights while holding drivers, pilots, health care professionals, manufacturers, employers, and other corporations liable for their careless actions.