Milwaukee Wrongful Death Lawyers
In Wisconsin, wrongful death actions may be brought by the deceased person’s close relatives or heirs if the person died due to the wrongful act or negligence of another person. Wrongful death litigation often arises out of the same types of accidents that result in personal injury lawsuits such as car accidents, product liability cases, premises liability cases and medical malpractice.
How to Bring a Wisconsin Wrongful Death Case
The first step in filing a Wisconsin wrongful death case is to meet with a Wisconsin wrongful death lawyer for a free consultation. The wrongful death attorneys of Pasternak & Zirgibel understand that this is an emotional time for your family. One of our compassionate attorneys will meet with you to discuss the circumstances that resulted in your loved one’s death and the consequences that your loss has had on your family. We know that you are grieving an unimaginable loss and our goal is to make things easier for you.
At our first meeting, we will explain Wisconsin wrongful death laws and how wrongful death litigation works. Wisconsin wrongful death laws are found in the Wisconsin Statutes at Chapter 895 Section 895.04. The law explains that a personal representative of the deceased may bring a lawsuit for wrongful death.
A lawsuit must be brought within three years from the date of death. It is best to contact a Wisconsin wrongful death attorney well before the statute of limitations deadline, however, so that the attorney can properly investigate the case and prepare for wrongful death litigation.
Your case will formerly begin when your Wisconsin wrongful death lawyer files a complaint in state court claiming that you are entitled to damages for the wrongful death of your loved one. After that the defendant(s)will respond to your claim and the discovery and pretrial phase of the case will begin. Your attorney will handle your case for you and keep you well informed of its progress and status while you concentrate your energy on the needs of your family. You and your attorney can take steps to negotiate a settlement or accept a settlement offer at any time during the case. If the case does not settle then your attorney will represent you at trial.
Damages are Possible in Wisconsin Wrongful Death Cases
Wisconsin wrongful death laws provide that if the deceased left minor children, a portion of any wrongful death damages must be used for their support. If the deceased did not leave minor children but was married or had a domestic partner then part of the damages must be awarded to the spouse or domestic partner. In the absence of children or a spouse then the portion of the wrongful death damage award would pass to the lineal heirs in a manner similar to if the deceased died intestate, or without a will.
The law explains the damages that are possible in a Wisconsin wrongful death action. According to Section 895.04 potential damages include compensation for medical expenses and funeral expenses, including the reasonable cost of a cemetery lot, grave marker and care of the lot. Pecuniary damages for loss of society and companionship may also be awarded to the surviving spouse, child, parent, or minor siblings of the deceased in an amount that does not exceed $350,000 for the death of an adult and $500,000 for the death of a child. Damages may also be recovered for lost income that the deceased was expected to provide for the family.
Contact Pasternak & Zirgibel – Experienced Wisconsin Wrongful Death Lawyers
Wrongful death cases are tragic. We know that you are grieving the loss of a loved one because of the negligence of others. We understand that you want to pick up the pieces of your life and move your family forward during this difficult time and we appreciate that the financial recovery in a wrongful death lawsuit is an important piece of your family’s future. We will zealously advocate for that award on your behalf.
Our firm of Wisconsin wrongful death lawyers represents clients throughout the state of Wisconsin including in Milwaukee and the surrounding areas such as Cudahy, West Allis, West Milwaukee, South Milwaukee, Whitefish Bay, Wauwatosa, Shorewood, Franklin, Glendale, Greendale, Greenfield, Oak Creek, Washington County, Racine County, Waukesha County, Jefferson County and Ozaukee County.
We invite you to call us at (262) 785-0802 or to fill out our online contact form. We would be pleased to provide you with a free, no obligation consultation at your convenience. Our firm is committed to representing those who have been harmed by others in Wisconsin wrongful death cases and we will not collect a fee unless you recover damages.