Milwaukee Wrongful Death Lawyers

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After the untimely death of a loved one in Milwaukee, Wisconsin, taking legal action may be the furthest thing from your mind. That said, it may be the only way to demand justice. Contact PKSD at (414) 333-3333 for a free consultation today. An experienced Milwaukee wrongful death lawyer can listen to your story, answer your questions, and help you understand your rights.

 

Our trusted attorneys have over 150 years of experience–and we’ve used our skills to recover over $500 million for families like yours. We’re ready to put our years of experience to work for you. Your consultation is free, and there’s no obligation. Contact our office today to learn more about your family’s right to pursue compensation for wrongful death. 

Why Should I Trust PKSD to Handle My Family’s Wrongful Death Claim in Milwaukee?

Our attorneys at PKSD know that money won’t erase your loss. Compensation can, however, give your family the stability and means to move forward after losing a loved one in Milwaukee, WI. Our Milwaukee personal injury lawyers bring a proven track record of success to the table–including multi-million-dollar recoveries.

 

Families trust our team because:

 

• We know Wisconsin’s wrongful death laws inside and out
• You’re not just another case–we work to fully understand your loss and ensure your loved one’s story is heard
• We deliver results–including hundreds of millions of dollars recovered to date

 

For our success, our Milwaukee personal injury attorneys have also been recognized by the legal community. We’ve earned an AV-Preeminent rating from the Martindale-Hubbell lawyer rating service and Super Lawyers’ designation. We’ve also earned a “Top 100 Trial Lawyers” rating from The National Trial Lawyers.

 

It’s not too early to learn about your legal rights. Call us today to tell us your story and discuss your options.

How Does Wisconsin Law Define Wrongful Death?

When someone you love dies because of someone else’s acts or omissions, you have rights in Wisconsin. You can file a claim to hold the at-fault party financially responsible. 

 

This right of action exists under Wisconsin law if: 

 

• The death was caused by the other party’s “wrongful act, neglect or default”, and
• Your loved one could have filed a personal injury lawsuit had they lived

 

The ability to file a wrongful death lawsuit has nothing to do with the criminal justice system. In fact, in most cases, no criminal charges are involved. Wrongful death cases often involve accidents. It’s important to understand that you have rights in civil court even if the at-fault party did not commit a crime. 

Who Can File a Wrongful Death Claim in Wisconsin?

The victim’s personal representative can file a formal wrongful death claim. Surviving family members also have the right to take legal action.

 

Pursuant to state law, the following parties can file the lawsuit:

 

• A surviving spouse or qualifying domestic partner
• The victim’s children
• The victim’s parents or grandparents
• The victim’s siblings

 

Compensation is distributed to the victim’s family when a claim is successful. Our attorneys can help you understand the legal process during a free consultation. When you hire us, you’ll have a trusted advocate in your corner to handle the entire legal process.

What Is My Family’s Milwaukee Wrongful Death Case Worth?

No standard settlement amount exists in wrongful death cases. All victims and all families have different experiences. 

 

Many factors will influence your family’s case value, including:

 

• What was your loved one’s age and life expectancy prior to the fatal injury?
• How did your loved one contribute to the family and household financially?
• What non-financial contributions has your family lost (household services, childcare, etc.)?
• How did the family members bringing the lawsuit depend on the victim?
• Did the victim survive and require medical care between the time of injury and death?
• What were the circumstances of your loved one’s death?
• What insurance coverage is available? 

 

Your compensation award can provide critical stability and financial relief in the wake of a tragic loss. Getting fair compensation is a way to honor your loved one’s life and get the money you need to rebuild. Unfortunately, insurance companies rarely make that easy.  

 

When you hire us, you gain both skilled legal advocates and the full weight of our resources. Our mission is always to recover the maximum amount possible for grieving families. Call our Milwaukee wrongful death attorneys today to learn more about how we can help. 

Understanding the Potentially Available Compensation in a Milwaukee Wrongful Death Case

Damages in Wisconsin wrongful death cases compensate victims for financial and non-financial losses. In legal terms, economic damages and non-economic damages may be available.

Examples of these damages might include:

• The victim’s medical expenses between the date of injury and the date of death
• Lost financial support
• Loss of prospective inheritance 
• Loss of the victim’s employment benefits (health insurance, retirement benefits, etc.)
• Funeral expenses and burial costs
• Attorneys’ fees
• Estate administration expenses 
• Property damage
• Pain and suffering
• Mental trauma and grief
• Loss of the victim’s society and companionship
• Loss of consortium for a surviving spouse

Damages for loss of society and companionship are limited by Wisconsin state law in wrongful death cases. The cap is $350,000 if the victim was an adult and $500,000 if the victim was a minor.

How Much Does It Cost To Hire a Lawyer To Handle a Wrongful Death Case in Wisconsin?

Our lawyers at PKSD take cases on a contingency fee basis. This means you aren’t responsible for paying a retainer fee when you hire us. You’re not billed by the hour, either. You only pay your attorneys’ fees if they recover compensation. The fee is a pre-arranged percentage of your final settlement or verdict.

What Happens to My Family’s Right to Compensation if My Loved One Has Been Blamed for a Fatal Accident in Wisconsin?

Wisconsin’s modified comparative fault law bars a personal injury victim from receiving damages if their share of fault was greater than 50%. When a victim shares a smaller amount of blame, their damages are reduced proportionately.

 

The same law applies in wrongful death cases. If the defense can prove the victim was 30% responsible for the fatal accident, your family’s damages are reduced by 30%. If they manage to prove the victim was 51% responsible, the victim’s family won’t be able to recover damages.

What Causes Most Wrongful Deaths in Milwaukee?

While fatal accidents can occur anywhere, some of the most common causes of wrongful deaths include:

 

• Car accidents, including semi-truck accidents and motorcycle accidents
• Slip and fall accidents caused by dangerous property conditions
• Accidents involving pedestrians, bicycles, and e-scooters
• Bus accidents
• Uber or Lyft accidents
• Boating accidents
• Recreational vehicle accidents
• Nursing home abuse and neglect
• Firearm violence, domestic violence, and other intentional torts
• Construction accidents
• Falls from heights
• Dog bites 
• Defective products (product liability)

 

All cases are different. Our attorneys will conduct a detailed investigation to uncover every contributing factor in your loved one’s death. That way, we can ensure that we’ve identified all responsible parties.

How Do I Prove My Family Deserves Compensation After a Deadly Accident in Wisconsin? 

You must prove that another person’s negligent or wrongful act caused the fatal injuries to recover compensation.

 

For cases based on negligence, the plaintiff must establish four elements:

 

• Duty of care. The defendant had a legal duty to use a reasonable amount of caution
• Breach of duty. The defendant failed to use reasonable caution, based on the circumstances 
• Causation. The defendant’s breach directly caused your loved one’s fatal injuries
• Damages. Your family can point to specific damages, or losses, that you’ve suffered due to the victim’s death

 

Variations on the general negligence theory may apply in your case. It’s also possible that an entirely different legal theory could be relevant. Our attorneys have expertise handling all types of wrongful death cases. We’re here to locate and compile the evidence you need to prove you deserve compensation.

How Long Do I Have To File a Lawsuit for Wrongful Death in Wisconsin?

The statute of limitations in Wisconsin wrongful death cases varies depending on whether the death was caused by a motor vehicle accident. If your loved one died in a motor vehicle accident, you generally must file your lawsuit within two years after the wrongful death claim accrues. Otherwise, your family generally has three years after the claim accrues to sue for damages. 

Grief can be overwhelming, to say the least. It’s easy to overlook important deadlines–and time can pass more quickly than you might think. We always recommend consulting an experienced attorney soon after a loss. Your attorney can handle the legal issues and ensure you don’t miss the deadline. 

Contact an Experienced Milwaukee Wrongful Death Lawyer for a Free Case Review

Our attorneys at PKSD are here to provide the legal support and guidance you need during this unimaginable time in your life. We have the skills to help you get justice–and protect your family’s financial security after the loss of a loved one in Milwaukee, WI. 

 

Call us today to learn more about how a trusted Milwaukee wrongful death attorney can fight for your family.