Milwaukee Wrongful Death Lawyers
Coping with the death of a loved one is truly one of the most difficult aspects of life. A more devastating factor can be when that loved one dies as a result of someone else's negligence. Wrongful death happens when a persons reckless behavior or negligent intentions cause someone else to die.
The Milwaukee personal injury attorneys at Pitman, Kalkhoff, Sicula & Dentice (PKSD) bring their compassionate knowledge and experience to help you determine whether you may be able to receive financial compensation in a wrongful death settlement.
Our successful track record has helped numerous Wisconsin families get the financial compensation that they deserve. Although we cannot bring your loved one back, we can help support you in a wrongful death settlement, bringing some closure to your tragedy.
What is Wrongful Death?
Section 895 of The Wisconsin Statutes defines wrongful death when a person dies due to a wrongful act, neglect or default.
If the deceased person would have lived, they could have sought their own personal injury claim by filing a civil lawsuit. However, in the case of a wrongful death, appropriate parties have the right to pursue a wrongful death suit.
If your loved one was killed as a result of someone else's negligence, contact the wrongful death attorneys at PKSD for a free legal consultation.
Cases of Wrongful Death
The most common cases of wrongful death include:
- Medical Malpractice: This includes any negligence associated with a medical practitioner who fails in their professional responsibilities to care for a patient. This could happen in the hospital, emergency room, doctors office or other health care facility.
- Motor Vehicle Accident: This includes any negligence associated with fatal car accidents. This could happen due to an intoxicated driver, a car manufacturing defect, a distracted driver, weather conditions, a fatigued driver, highway or road defects, and more.
- Workplace Accident: This includes any negligence associated with someone who dies due to a work related accident. Common occupations that have higher rates of work related deaths include jobs in construction, miners, loggers, fisherman, electrical power installers, truck drivers and more. These deaths most typically happen because of defective, unsafe equipment and falling objects.
- Product Liability: This includes any negligence associated with faulty or defective products that cause injuries that lead to death. This can include a defective medical device, defective mechanical failures (in cars and other vehicles), defective construction equipment, and more.
Who can file a Wrongful Death Lawsuit?
According to Wisconsin State Legislature, Section 895, an action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. The appropriate parties who can file a wrongful death lawsuit include:
- Living spouse;
- Domestic partner;
- Child of the deceased;
- Parent or guardian of the deceased person; or
- A personal representative of the deceased persons estate
Please note that regardless of who files the settlement or claim, the court is required to set aside a portion for the dependents of the deceased person. Dependents may include the deceased persons spouse, domestic partner or any children under 18 years of age. These dependents will receive no more than 50 percent of the damages.
When to File a Wrongful Death Lawsuit?
Wisconsin law allows an appropriate party to file a wrongful death lawsuit within three years of when the deceased person sustained injuries that caused death. If the injuries caused instantaneous death, the three-year time limit begins on the date the person died. If the person suffered prolonged injuries from a situation or accident and then later died, the three-year time limit may begin on the day of the accident and not on the day of death.
Sometimes, inconsolable grief causes those closest to the deceased to wait until it is too late to file a wrongful death claim. It is important to get support as soon as possible by speaking with a knowledgeable and compassionate Wisconsin wrongful death attorney.
What Damages may be Available in a Wrongful Death Settlement?
- Economic damages: This includes damages resulting in expenses incurred from the loved ones death. Examples include medical bills, loss of benefits or inheritance, loss of monetary earnings, funeral bills and more.
- Non-economic damages: This includes damages resulting in the mental and emotional anguish of the loss of a loved one. Damages related to love, protection, pain, suffering and more fall under this category.
- Punitive damages: This includes damages to punish the defendant for wrong conduct that resulted in the loved ones death.
- Attorney fees: This includes expenses that were incurred from the attorney in bringing the lawsuit forward. The defendant will often be responsible for reimbursing this fee to the appropriate party.
Contact a Wisconsin Wrongful Death Attorney today
PKSD - Trusted Milwaukee Lawyers. Ph: 877-877-2228