When An Accident Ends In Tragedy
Any accident that can result in a personal injury can result in death. A wrongful death can cause the victim’s family to suffer substantial financial damages. These damages include the loss of the victim’s income and employment benefits, the victim’s funeral expenses and in some cases, medical bills, and the loss of the companionship and guidance that the victim provided to his or her loved ones. If you have lost a loved one in an accident, you may find comfort in support from your family or a grief support group. You might also consider working with an experienced wrongful death lawyer to seek compensation for your damages.
The attorneys at Hammett, Bellin & Oswald, LLC, offer you the compassionate and flexible legal support that you need during this difficult time. With a combined experience of nearly 80 years, our attorneys serve Appleton and Neenah as well as Door County. We will help you file a wrongful death claim and fight for justice after the loss of your loved one, and we will work to ensure that you have the support you need as you grieve.
Who May File A Wrongful Death Claim In Wisconsin?
Accidents resulting in death can come at any moment. Every day, negligent drivers cause deaths in car accidents. Deaths can also occur in slip-and-fall accidents, animal attacks, electrocution, fire accidents and as a result of medical malpractice. These tragedies impact many people, but only specific people can file a wrongful death claim. In Wisconsin, any of the following parties may file a wrongful death claim:
- The victim’s spouse or domestic partner
- The victim’s adult child
- The victim’s parent or legal guardian
- A personal representative of the victim’s estate
The claimant may seek compensation for the following damages:
- Funeral expenses
- Medical expenses for any treatment the victim received following the accident that caused his or her death
- The financial losses associated with the death, such as the loss of the victim’s income and insurance benefits
- The loss of the victim’s companionship. For this, up to $350,000 may be compensated for an adult victim and up to $500,000 may be compensated for a minor victim
- A survivorship claim, which may be sought on behalf of the victim’s estate. Through this claim, the personal representative of the victim’s estate may seek compensation for the pain and suffering experienced by the victim between his or her accident and his or her death
In cases where the victim left behind a spouse, a domestic partner, or at least one minor child, a portion of the total damages awarded must be set aside for these dependents’ care. It cannot be more than 50% of the total damages awarded.
Like with a personal injury claim, you need to prove that your loved one’s death occurred as the direct result of another party’s negligence in order to recover monetary compensation for your damages. The statute of limitations for wrongful death claims in Wisconsin is three years from the date of the victim’s death.
Work With An Experienced Appleton Wrongful Death Lawyer
Losing a loved one in an accident can be one of the most traumatic experiences you and your family ever face. In addition to the emotional burden such a loss can place on your family, a wrongful death can cause you to suffer a financial burden. Talk to one of the experienced wrongful death lawyers at Hammett, Bellin & Oswald, LLC, today to learn more about filing a wrongful death claim after an accident. Contact our Appleton personal injury lawyers online or call 920-267-6822 to set up your initial legal consultation with a member of our team.