Losing a loved one is never easy, but losing someone due to negligence can be particularly devastating. In the state of Wisconsin, wrongful death occurs when a person dies as a result of another person’s negligence or intentional harm.
In such cases, the surviving family members may have the right to seek compensation for their loved one’s death. If you have lost a loved one due to the negligent actions of another, it’s important to know your legal rights.
What is Wrongful Death?
In Wisconsin, wrongful death is defined as the death of an individual caused by the wrongful act, neglect, or fault of another person. Negligent actions may include a range of actions, such as medical malpractice, automobile accidents, unsafe products, or an act of violence. Wrongful death claims can be brought against individuals, businesses, or organizations, and the purpose of these claims is to seek compensation on behalf of the deceased person’s surviving family members.
Who Can File a Wrongful Death Claim?
According to Wisconsin law, a wrongful death claim can be filed by the personal representative of the deceased person’s estate on behalf of their surviving family members. This may include the deceased person’s spouse, children, parents, or siblings. If there is no personal representative for the estate, the court may appoint one.
What Damages Can Be Sought in a Wrongful Death Claim?
Surviving family members may seek compensation for a range of damages related to their loved one’s death. These may include:
1. Economic Damages
Economic damages are tangible losses that are the direct result of the loss of the deceased person’s income or financial support. These may include:
- Loss of future income: Compensation for the deceased person’s potential future earnings based on their age, education, and work experience.
- Loss of financial support: Compensation for the loss of financial support that the deceased person provided to their family members.
- Medical expenses: Compensation for the medical expenses related to the deceased person’s illness or injury leading to their death.
- Funeral expenses: Compensation for the costs associated with the deceased person’s funeral and burial.
2. Non-Economic Damages
Non-economic damages are intangible losses that are not easily quantifiable. These may include:
- Loss of companionship: Compensation for the loss of the deceased person’s love, affection, care, and guidance.
- Mental anguish: Compensation for the pain and suffering experienced by the surviving family members as a result of their loved one’s death.
- Loss of society and companionship: Compensation for the loss of social and recreational activities that the deceased person and their surviving family members would have enjoyed.
How Can an Attorney Help in a Wisconsin Wrongful Death Claim?
Losing a loved one due to the negligence of another can be an emotionally difficult time. An experienced wrongful death attorney from Nowlan Personal Injury Law can help ease some of the burden by handling the legal aspects of your case while you focus on grieving and healing. We can help in the following ways:
1. Investigating the Circumstances of the Death
We can investigate the circumstances of your loved one’s death to determine if negligence played a role. This may include gathering evidence, interviewing witnesses, and consulting with experts.
2. Identifying the Responsible Parties
We can identify the responsible parties and determine who may be held liable for your loved one’s death. This may include individuals, businesses, or organizations.
3. Calculating Your Damages
We can help to calculate the economic and non-economic damages that may be sought in your case. We’ll work with financial experts and other professionals to determine the amount of compensation you deserve.
4. Negotiating with Insurance Companies
Insurance companies may be involved in a wrongful death claim, and they may attempt to offer a settlement that is less than what you deserve. We can negotiate with the insurance companies on your behalf to ensure that you receive fair compensation.
5. Representing You in Court
If your case goes to trial, we will represent you in court to present your case and fight for your rights.
Contact Us for Legal Representation
If you have lost a loved one due to someone else’s negligence, contact Nowlan Personal Injury Law for support. We’ll help you navigate the legal proceedings and make sure that you receive the compensation you deserve. Contact us to learn more about your rights and options.
