Milwaukee Wrongful Death Lawyer

Death is always a tragic event, no matter what the circumstances. When someone dies due to another person or party’s reckless or careless actions, it can be classified as wrongful death.

Wrongful death can occur in many ways, from car accidents and workplace fatalities to medical malpractice and product liability. This death can leave surviving family confused and uncertain about their legal options.

If you have lost a loved one due to the careless or irresponsible actions of another person or entity, you may be entitled to compensation through a wrongful death lawsuit. The personal injury attorneys at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, are legal advocates for surviving families (such as lineal heirs) who lost a loved one through someone else’s negligence.

How the Law Defines Wrongful Death

The law defines wrongful death as a death caused by someone else’s negligent act or omission. To file a wrongful death lawsuit, surviving family members must show that the defendant (alleged responsible party) acted negligently and that their actions were the direct cause of the person’s death.

When somebody dies due to someone else’s negligence, that person’s family may be able to file a wrongful death lawsuit.

Damages You Could Recover From a Milwaukee Wrongful Death Suit

There are a few different types of damages that may be available in a wrongful death lawsuit, including compensation for:

• Medical bills
• Funeral expenses
• Pain and suffering
• Loss of consortium
• Lost wages

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is especially harmful.

Specific negligent actions, such as in the case of a car accident where the driver does not stop for help and flees. Or in truck accidents where the truck driver was intoxicated, resulting in a crash.

Wrongful Death Cases

Our Milwaukee wrongful-death attorneys represent clients in various cases to seek financial compensation on behalf of the deceased adult or child and their surviving family members. Most of our wrongful death claims involve:

• Motor vehicle accident: These personal injury cases are built on the misfortune of a loved one killed in a motor vehicle crash. These wrongful deaths are often the result of an intoxicated driver, a distracted motorist, adverse weather, hazardous road conditions, fatigue driving, highway defect, automobile manufacturing defect, and more.
• Construction accident: The surviving family members of a worker killed in a construction accident can recover financial compensation by filing a wrongful death suit. These wrongful death cases are often the result of a scaffold or crane collapse, an explosion, electrocution, falling debris, and other construction site hazards.
• Medical malpractice: When a hospital or doctor’s negligence results in the demise of a patient, the surviving family members of the deceased person may file a wrongful death claim to get compensation for the extensive medical bills, economic losses, and emotional suffering. These cases are often complicated and require the knowledge of an experienced medical malpractice attorney to prove liability.
• Dangerous products: If you have lost a loved one because of a defective or dangerous product, you may be able to file a wrongful death lawsuit against the at-fault company.
• Workplace accidents: If a family loses a loved one in a workplace accident, you may be able to file a workers’ compensation claim or a third-party liability claim.
• Nursing home abuse and neglect: When a nursing home staff’s negligence results in a resident’s demise, the surviving family member may file a wrongful death claim against the facility. Some residents are abused by caregivers, friends, family members, employees, visitors, and other patients.
• Drowning: If your loved one drowned in a swimming pool, lake, river, or any other body of water, you may be able to file a wrongful death claim against the property owner or municipality.
• Harmful medications: Even though the FDA approved the drug, the medication can still cause serious side effects that can lead to death. Many medicines have been recalled after the patient has taken the drug for years. If your loved one died after taking a harmful medication, you might be able to file a wrongful death claim against the drug manufacturer.

Wrongful death cases are complex and often require the help of an experienced attorney to navigate. Contact our office today to schedule a free case review if you have lost a loved one due to someone else’s negligence.

Wisconsin Wrongful Death Statute of Limitations: How Long a Wrongful Death Lawyer or Family Member Can File Suit Against Responsible Parties

The Wisconsin Wrongful Death Statute of Limitations is three years. It means that a wrongful death lawyer or a family member has three years from the date of death to file a lawsuit against the responsible party.

However, there are some exceptions to this rule. If the death was due to medical malpractice, the statute of limitations is two years. If the death was due to a product defect, the statute of limitations is six years.

It is essential to speak with a Milwaukee wrongful death lawyer as soon as possible to determine the best course of action.

What Plaintiffs Should Expect When Resolving a Wrongful Death Claim

Wrongful death cases arise when someone is killed due to the negligence or wrongdoing of another person. These cases can be complex and often involve multiple parties. If you are considering filing a wrongful death lawsuit, it is crucial to understand the process and have a specialized wrongful death attorney on your side.

The first step in any wrongful death case is determining who will serve as the personal representative for the deceased person’s estate. The personal representative is responsible for managing the estate’s affairs and pursuing legal claims on behalf of the deceased person’s survivors.

Once the personal representative has been appointed, they will need to gather evidence to support the wrongful death claim, which may include:

• Medical records
• Police reports
• Witness statements
• Other documentation

Once this evidence has been gathered, the chosen Milwaukee wrongful death lawyer will file a complaint with the court.

The defendant will then have an opportunity to respond to the complaint. If the parties cannot reach a wrongful death settlement out of court, the case will proceed to trial.

Both sides will present their evidence and arguments to the jury during the trial. The jury will then decide whether the defendant is liable for the wrongful death.

If the jury finds the defendant liable, they will award damages to the deceased person’s survivors. These damages may include compensation for economic losses, such as medical and funeral expenses, lost wages, and non-economic losses, such as pain, suffering, and loss of companionship.

Establishing Proof in Wrongful Death Lawsuits

To be successful in a wrongful death claim, similar requirements must be met, much like in a personal injury case. It’s crucial to realize that the individual who caused your loved one’s death did not necessarily need to be prosecuted.

However, you must demonstrate that the person acted negligently, recklessly, or intentionally. Additionally, you must demonstrate that the person’s careless, intentional, or negligent actions were the direct cause of the death of your loved one.

Furthermore, You must also show that you or your family suffered damages due to the death. To establish negligence, one must show that the person who caused the death did not take reasonable precautions.

Reasonable care means a person acted in a manner that any other person might have done in the same situation. For instance, a motorist may slow down or even come to a complete stop when approaching a pedestrian in a crosswalk.

In these situations, prudent drivers slow down or stop their car until the pedestrian is out of the path. It is not reasonable for a driver to be careless or text-distracted and fail to notice a pedestrian crossing the street.

In other words, it can be considered reckless to text and drive. Texting while driving is negligent because it was evident to everyone with common sense that doing so is risky and irresponsible.

Resolving a Wrongful Death Case With the Defendant’s Insurance Company

The insurance company for the defendant will likely try to settle the case as quickly as possible, often for much less than what the plaintiff is seeking. An experienced personal injury lawyer representing you is vital to getting the best possible outcome.

Your Milwaukee wrongful death lawyer can help you negotiate with the insurance company and ensure you receive fair compensation for your economic and non-economic damages involving all expenses incurred,  including:

•  Hospital bills and medical expenses of the deceased person
•  Property damage
•  Rehabilitation costs
•  Lost income
•  Lost financial support
•  Pain and suffering before the person dies
•  The family’s pain and suffering over his or her death
•  The surviving spouse and children’s loss of companionship
•  Punitive damages  (in some cases)

Our affiliated Wisconsin wrongful death attorneys from our law offices are always ready to listen and guide you through this complicated process.

What Can a Wrongful Death Lawyer Do For My Case

Working directly with the insurance company gives victims and their loved ones the impression that they can negotiate a fair settlement and keep a more significant portion of their money. Unfortunately, the insurance company’s duty to its shareholders comes before its duty to accident victims.

Our experienced affiliated attorneys can help guarantee that your claim is handled fairly. Our affiliated lawyers help you by:

• Assessing your wrongful death claims
• Providing ongoing legal advice about your wrongful death case, so you understand the legal issues.
• Understanding of the wrongful death law in Wisconsin
• Helping you gather medical records and other documentation from the accident
• Questioning witnesses and working with medical experts
• Negotiating with the insurance provider and assessing settlement proposals so you may focus on obtaining the necessary emotional support.

Hire a Milwaukee Wrongful Death Lawyers to Resolve Your Compensation Lawsuit

Did your parent, child, spouse, domestic partner, or other family member die unexpectedly through someone else’s negligent actions in Milwaukee, WI? Are you ready to pursue Justice and financial compensation owed to your lost loved one?

Our wrongful death lawyers comprehensively understand Wisconsin law and can hold the responsible party accountable for their wrongful act. Contact us today for a free legal consultation.

Our law office accepts every Milwaukee wrongful death suit through a contingent fee agreement. This arrangement ensures you will not pay upfront fees to resolve your legal issues until your Milwaukee wrongful death lawyers win your case through a negotiated settlement or jury award.

Resources

• Cornell University: Wrongful Deaths
• $50 Million Wrongful Death Settlement in 2022