When an accident is caused by a negligent party, those who are injured have the right to pursue compensation through a personal injury lawsuit. Unfortunately, however, many accidents are fatal, in which case the victim’s family members are left to deal with the lasting consequences. While nothing can truly make up for the loss of a loved one, it is possible for families to pursue financial recovery through a wrongful death claim.
Filing a Wisconsin Wrongful Death Lawsuit
Wrongful death claims are possible in any situation in which a person loses his or her life due to someone else’s negligence, including cases involving car, truck, and motorcycle accidents, construction site accidents, workplace accidents, dog bites, product liability, and nursing home neglect. A claim can be pursued by the personal representative of the victim’s estate or a person who is entitled to recovery, which is often the decedent’s spouse or domestic partner. While the estate or certain parties taking responsibility for expenses can bring claims for certain specific damages, other claims can be brought by specified family members or domestic partners. The Statutes do not allow for all family members to bring claims, so it is important to consult with an attorney to learn which survivors can make claims for compensation.
Damages Covered Under a Wrongful Death Claim
When pursuing a wrongful death lawsuit, it may be possible to receive compensation for any or all of the following:
- The victim’s medical expenses
- Property damage resulting from the accident
- Lost income that the victim would have used to support the family
- The economic value of the household and other services that the victim would have provided to the survivors entitled to bring a claim
- Conscious pain and suffering, including the fear of impending death by the victim prior to the time of deathFuneral and burial expenses
- Grief and loss of companionship for surviving family members
- Punitive damages in cases of malicious intent or intentional disregard toward the victim
To give yourself the best chance at proving negligence and obtaining full compensation for the loss of your loved one, you should hire an attorney who can help you start collecting and preserving evidence as soon as possible after the accident. This includes pictures of the scene and the victim’s fatal injuries, testimonies from witnesses to the accident, police reports, 911 transcripts, security camera footage, and thorough documentation of all economic and pain and suffering damages. Your attorney will use this evidence for better negotiating leverage in a settlement or for a stronger case in court if a trial is necessary to reach a fair resolution.
Contact a Green Bay Wrongful Death Attorney
The emotional toll of a loved one’s death is hard enough before even considering the financial implications. At [[title]], we will do our part to help you get the compensation you need to maintain financial stability and recover from your loss. Contact a compassionate Appleton, Wisconsin wrongful death lawyer today at 920-739-7366 to schedule a free consultation.
Source:
https://docs.legis.wisconsin.gov/statutes/statutes/895/I/04