The unexpected loss of a loved one is a terrible tragedy that no one should have to experience. When it happens because of someone else’s negligence or a wrongful act, Wisconsin law states this as a wrongful death. When this type of loss occurs, it can throw the person’s family into chaos.
On top of feeling the loss of a loved one, you also may be worrying about loss of income and being able to pay for the memorial service or any medical expenses your loved one had from being in the hospital. If this ever happens to you, it’s important to know that you can seek help. It isn’t fair for everything to fall on to your shoulders—and it doesn’t have to. A Milwaukee wrongful death lawyer can help you file a claim against the person or company whose negligence caused this tragic loss.
At Urban & Taylor, S.C., we understand that you’re going through an emotionally and financially difficult time. Filing a wrongful death lawsuit could help with expenses and provide some closure. By doing so, you’re also sending a clear message to the responsible party that will be held accountable for their actions. A lawsuit could keep them from repeating this negligence so no one else is hurt or endangers their lives.
While a successful wrongful death settlement can’t replace your loved one, you may be able to get peace of mind that you will have funds to cover funeral and burial expenses, and you will be able to provide for your family. An experienced and compassionate attorney can make all the difference in your case.
How Can Wrongful Death Occur?
Unfortunately, a person’s negligence can lead to the loss of a loved one in many situations, whether it’s professionally or personally. Here are just a few examples:
- At the Workplace. People can get workplace injuries whether they’re in construction or work in an office. When someone is negligent, the consequences could cost someone their life. While people who work in fields like construction and truck driving are at higher risk for work-related injury and death, this could potentially affect anyone.
- During a Surgery. Sometimes a medical professional makes a mistake that results in the patient losing their life. Medical malpractice extends beyond surgeries and can include failing to diagnose or treat someone’s illness or injury in time and they lose their life, where another doctor would have been able to identify the symptoms and treat accordingly.
- On Another Person’s Property. If the death happened on another person’s property whether it was a business like a hotel, casino, resort, or at their home, you may be able to sue if the incident was caused by the property owner’s negligence. These cases belong to an area of law called premises liability.
- Dangerous Drugs. The opioid crisis has been felt across the country and is just one example of where the law sometimes has to step in and correct how readily available prescriptions are. While medications are prescribed, the doctor or patient may not know of all the possible side effects which can cause the patient harm.
- Product Liability. Defective products from poor manufacturing or an issue with instructions could cause a potential danger. Some products may not have the correct directions or
- Car Accident. Negligent drivers cause car accidents each day. Speeding, distracted driving, and drunk driving are all forms of negligent driving that can have fatal consequences. This extends to other motor vehicle accidents that includes trucks, motorcycles, and pedestrians.
Can You File for Wrongful Death?
Wrongful death laws vary from state to state. In Wisconsin, the main people who can file for wrongful death are immediate family or representatives of the deceased’s property. Any people who were dependents of the deceased, in instances like financial support or division of household labor, will have a part of the damages given to them by the court.
The following individuals may file:
- Spouse or Domestic Partner.
- Parent or Guardian.
- Estate Representative.
There are more requirements than your relation to the person as well. You also have to make sure you’re acting in the correct time frame. Wrongful death lawsuits in Wisconsin have a statute of limitations of three years. Waiting longer than this could mean a rejection of your case.
How Can You Help Your Claim and What Compensation Can You Receive?
When filing a wrongful death claim, you want to do all you can to increase your chances of getting a favorable outcome. The following three steps will help with this:
- Hire a Wisconsin Wrongful Death Attorney. Having a professional at your side who is looking out for your interest from the start will ensure you follow the process correctly and will advise you on how to not jeopardize your claim.
- File Claim on Time. With the help of your lawyer, you can file the claim knowing that it’s on time.
- Collect Evidence to Show Negligence. You’ll have to prove that your loved one’s death was caused by someone else’s negligence. Medical history, photographs of the place of the wrongful death, and eyewitnesses all help your claim. You’ll also likely need the assistance of expert testimony which your lawyer will help you secure.
In addition to potentially getting compensation for your loved one’s medical and funeral expenses, you may be able to collect damages for lost wages that your loved one would have earned in their average lifetime, pain and suffering for you and your family because of this tragic loss, and punitive damages to hold the person responsible and give a monetary incentive to not repeat their mistakes again.
Urban & Taylor, S.C. is ready to help you stand up for your loved one’s rights and recover the damages you need for your family. We want to get your loved one the justice they deserve. Call us today at (866) 720-7232 for a free consultation.