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 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.

Causes Of Wrongful Death In Wisconsin

Any type of accident that can result in a serious injury can result in a victim’s death. Examples of preventable accidents that can cause a wrongful death include:

• Roadway accidents, including car crashes, accidents involving semi trucks and other commercial vehicles, collisions involving motorcycles and other accidents
• Bicycle and pedestrian accidents
• Injuries sustained in fires and electrical accidents
• Slips and falls
• Animal attacks
• Boating accidents
• Medical malpractice
• Neglectful or abusive nursing home care
• Accidents involving falling or projectile objects

When a victim dies in an accident, his or her death can have substantial financial consequences for his or her family alongside the emotional trauma of losing a loved one. Like with a personal injury claim, a wrongful death claim is a way for a party who suffered financial damages as a result of an accident to recover these damages after proving that the accident was due to another party’s negligence or reckless actions.

Who May File A Wrongful Death Claim In Wisconsin?

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.

The 50% Minor Child Protection Rule

In Wisconsin, a personal representative of the victim’s estate or a close member of his or her family, such as a parent, guardian, spouse or child can file a wrongful death claim within three years of the victim’s death. If the victim had a spouse or a child under the age of 18, the court must set aside a portion of the damages awarded through the claim to care for the spouse and child. This amount may be up to 50%

Work With An Experienced 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 personal injury lawyers online or call 920-202-8872.