In Wisconsin, when a person loses his or her life as a result of another person’s negligent or wrongful act, the at-fault party can be held legally responsible. While nothing can ease the pain of losing a loved one, an experienced wrongful death attorney can ensure that the responsible party is brought to justice and the victim’s family is well-provided-for through legal compensation.
Common Negligent Acts
The most common types of negligent acts that justify a wrongful death claim include:
- Automobile collisions where the other driver was negligent or reckless;
- Accidents that occur on another person’s property due to improper maintenance;
- Harm suffered due to an unsafe product that was defectively designed or manufactured;
- Workplace accidents involving defective equipment or unsafe working conditions; and
- Medical negligence on the part of a doctor or surgeon.
Unfortunately, the list of ways that the negligence of others can cause the injuries and deaths of innocent victims is extensive. Regardless of what type of act caused your loved one’s untimely death, our Brookfield wrongful death attorneys will work diligently to protect your interests and obtain the compensation you deserve.
Filing a Wrongful Death Claim
In a wrongful death lawsuit, only certain parties may file the claim, including the deceased person’s:
- Personal estate representative; or
- Surviving spouse, partner, child, parent, or legal guardian.
However, regardless of who files the wrongful death claim, if the deceased individual is survived by a spouse, partner, or child under the age of 18 years, the court is required to allocate a portion of any damages recovered for the express care of those dependents.
The victim’s family members may file a claim against the party that was responsible for the victim’s death. Depending on the particular circumstances, this could include:
- The at-fault driver in an automobile collision;
- The owner of a dangerous piece of property or workplace environment; or
- The manufacturer or distributor of a dangerous or defective product.
Potential Damages
If a victim’s family can establish that another person or entity’s negligence was the cause of their loved one’s death, they may be able to obtain compensation for some of their financial losses. Damages can include monetary compensation for the following:
- Medical bills;
- Funeral expenses; and
- Lost wages and loss of future income.
Additionally, the decedent’s survivors can recover for a loss of companionship, up to $350,000 for the death of an adult, and $500,000 for the loss of a child. However, in order to receive any award of damages, a family member must file a wrongful death claim within three years of his or her relative’s death.
Contact an Experienced Brookfield Wrongful Death Attorney Today
The death of a family member can be emotionally devastating. If you have lost a loved one due to the negligence of another person, we understand that you are undergoing a stressful and emotional ordeal. At Groth Law Firm, S.C., our Brookfield wrongful death attorneys will treat you with courtesy, respect, and sensitivity, while representing your case aggressively. If you have recently lost a loved one in an accident, please contact us at (855) 434-5526 for a free consultation.