A mourner places a white rose on a casket during a funeral service.

Have you suffered the wrongful death of a loved one?

Our Milwaukee wrongful death lawyers are committed to offering comprehensive legal support and ensuring you receive the compensation you need and deserve during these challenging times. Reach out to us today to schedule a free case evaluation. We operate on a contingency fee basis, meaning you owe us nothing unless we secure a favorable outcome for you.

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Compassionate Legal Support for Wrongful Death Victims in Milwaukee

If you have experienced the wrongful death of a loved one, our compassionate and experienced team of Milwaukee wrongful death lawyers is here to support you and fight for the compensation you may deserve. We understand the deep emotional and financial impact such a loss can have on families, and we are dedicated to seeking justice and holding the responsible parties accountable.

Navigating the complexities of a wrongful death claim can be daunting, but our attorneys are committed to guiding you through every step of the process. We will help you understand the intricacies of wrongful death claims, build and file the claim on your behalf, negotiate a fair settlement, and represent you in court if necessary. Our comprehensive legal support is tailored to meet your specific needs during this difficult time. Contact us today to schedule a free case review and take the first step toward justice. You don’t owe us anything unless we win your case.

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Getting the help you need is easy. Contact us for a free consultation about your case today.

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You deserve compensation for the damages you’ve suffered. We are here to protect your rights, and we’ll fight to collect the damages to which you’re entitled under the law.

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Understanding Wrongful Death Cases in Wisconsin

What Constitutes a Wrongful Death?

A wrongful death occurs when an individual’s life is prematurely ended due to the negligence, recklessness, or intentional actions of another party. Filing a wrongful death claim involves proving that the death was caused by another’s fault and that the deceased would have been entitled to file a personal injury claim if they had survived.

Who Can File a Wrongful Death Lawsuit in Wisconsin?

Under Wisconsin state law, the surviving spouse, children, parents, or the personal representative of the deceased’s estate have legal standing to file a wrongful death lawsuit.

If none of these parties are available, other relatives or dependents may be eligible to file the claim. It is important to consult with a knowledgeable Wisconsin wrongful death lawyer to understand your legal rights and ensure the proper party files the lawsuit.

Common Causes of Wrongful Death Lawsuits

Motor Vehicle Accidents

Motor vehicle accidents, involving cars, trucks, motorcycles, bicycles, or pedestrians, are a leading cause of wrongful death. Negligence such as reckless driving, distracted driving, or driving under the influence often leads to fatal accidents.

Workplace Accidents

Workplace accidents, particularly in high-risk industries like construction and manufacturing, can lead to fatal injuries due to falls, machinery malfunctions, or exposure to hazardous materials.

Premises Liability

Premises liability cases involve unsafe conditions on someone else’s property, leading to fatal accidents such as slips and falls, inadequate security, or unsafe construction.

Defective Products

Defective products can cause serious injuries or death. Manufacturers, distributors, and retailers can be held liable if a product defect leads to a fatality.

Medical Malpractice

Medical malpractice includes misdiagnosis, delayed diagnosis, surgical errors, anesthesia mistakes, and prescription errors that result in fatal injuries or illnesses due to a healthcare professional’s negligence.

Criminal Acts

Criminal acts, including assaults, robberies, and homicides, can tragically end in wrongful deaths. Civil lawsuits can be filed alongside criminal charges to seek compensation for the loss.

Filing a Wrongful Death Claim in Milwaukee

Step-by-Step Process

Filing a wrongful death claim in Milwaukee involves several key steps to ensure a thorough and effective pursuit of justice and compensation:

  1. Consultation with an Attorney: The first step is to meet with an experienced Milwaukee wrongful death lawyer. During this consultation, you will discuss the details of your case, and the attorney will evaluate the potential for a wrongful death claim. While it is not required to hire a lawyer, a good lawyer will handle most of this process for you and significantly improve your chances of successfully securing a maximum settlement.
  2. Investigation: Your attorney will conduct a thorough investigation to gather evidence, including medical records, accident reports, witness statements, and expert opinions. This step is essential to building a strong case, and having an attorney’s professional help with investigation and evidence collection can make or break your case.
  3. Filing the Claim: Once the investigation is complete, your attorney will file a wrongful death lawsuit on behalf of the eligible family members. This legal document outlines the details of the case and the compensation sought.
  4. Discovery Phase: Both parties will exchange information and evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents.
  5. Settlement Negotiations: In many cases, the parties may attempt to reach a settlement before going to trial. Your attorney will negotiate with the defendant’s legal team to secure a fair settlement that covers your losses.
  6. Trial: If a settlement cannot be reached, the case will go to trial. Your attorney will present the evidence and argue your case in front of a judge or jury, seeking a favorable verdict.
  7. Award and Compensation: If the court rules in your favor, you will be awarded compensation for economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering.

Wisconsin Wrongful Death Statute of Limitations

The statute of limitations for filing a wrongful death claim is generally 2 years from the date of the deceased’s death. This means you have a limited time to take legal action, as failing to file before the deadline will likely result in losing the right to seek compensation.

There are certain exceptions and circumstances that can affect this timeframe:

  • Discovery Rule: In some cases, the statute of limitations may be extended if the cause of death was not immediately known or discovered.
  • Minor Children: If the deceased has minor children, the statute of limitations may be extended until the child reaches the age of majority.
  • Government Entities: Claims against government entities may have different deadlines and requirements.

It’s necessary to understand the statute of limitations to ensure your claim is filed promptly and correctly. Consulting with an experienced Milwaukee wrongful death lawyer can help you navigate these legal timeframes and ensure your case is handled appropriately.

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Compensation in Wrongful Death Cases

Types of Damages

In wrongful death cases, the surviving family members may be entitled to various types of compensation to help alleviate the financial and emotional burden caused by their loss. These damages can include:

  • Economic Damages: These cover the financial losses directly resulting from the wrongful death. They include medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have earned, and the value of household services the deceased provided.
  • Non-Economic Damages: These address the more intangible losses suffered by the family, such as pain and suffering, loss of companionship, loss of consortium (marital relationship), and loss of parental guidance for children.
  • Punitive Damages: In cases where the defendant’s actions were particularly egregious, reckless, or malicious, punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar conduct in the future.

Caps on Compensation in Wisconsin

Wisconsin law imposes caps on non-economic damages in wrongful death cases. As of now, per Wisconsin Statute §895.04(4), the cap is $350,000 for deceased adults and $500,000 for deceased minors. These caps limit the amount of compensation that can be awarded for non-economic losses, such as pain and suffering, loss of companionship, and emotional distress. It’s important to consult with an experienced wrongful death attorney to understand how these caps may apply to your case and to ensure that all potential damages are pursued.

Comparative Negligence Law and Wrongful Death Cases

Wisconsin follows the comparative negligence rule, which can impact the amount of compensation awarded in wrongful death cases. Under this rule, if the deceased is found to be partially at fault for their own death, the compensation awarded to the surviving family members may be reduced by the percentage of fault attributed to the deceased. For example, if the deceased is found to be 20% at fault and the total damages amount to $500,000, the compensation would be reduced by 20%, resulting in an award of $400,000.

How a Milwaukee Wrongful Death Lawyer Can Help You

Proving Negligence

One of the most critical aspects of a wrongful death claim is proving that the death was caused by another party’s negligence or wrongful actions. A Milwaukee wrongful death lawyer will:

  • Conduct a Thorough Investigation: Gather all necessary evidence, including medical records, accident reports, witness statements, and expert testimony.
  • Establish Liability: Identify all parties responsible for the death and demonstrate how their actions directly led to the fatality.
  • Build a Strong Case: Use the collected evidence to build a compelling case that clearly shows negligence or wrongful conduct, meeting the legal standards required to win the claim.

Settlement Negotiations

Many wrongful death cases are resolved through settlements rather than going to trial. A wrongful death lawyer can significantly influence the outcome of settlement negotiations by:

  • Evaluating the Claim’s Worth: Accurately calculate the full extent of damages, including economic and non-economic losses, to ensure you seek appropriate compensation.
  • Engaging with Insurance Companies: Handle all communications with insurance companies and opposing parties, using professional insight and experience to counteract common tactics aimed at minimizing payouts.
  • Negotiating Skillfully: Advocate on your behalf to reach a settlement that fully compensates you for your loss, while keeping you informed throughout the process.

Trial Representation

If a fair settlement cannot be reached, your wrongful death lawyer will be prepared to take your case to trial. They will:

  • Present the Case: Effectively present evidence, call witnesses, and make persuasive arguments to the judge and jury.
  • Coordinate Expert Testimony: Arrange for testimony from medical experts, accident reconstructionists, and other specialists to strengthen your case.
  • Advocate for Justice: Provide vigorous representation aimed at securing a favorable verdict that provides full and fair compensation for your loss.

Why Choose The Wolf Pack®?

At Phillip S. Georges, PLLC, our commitment to clients goes beyond providing legal representation; we offer compassionate and personalized support to families during one of the most challenging times in their lives. We understand that each wrongful death case is unique, and we take the time to listen to your story, ensuring that our legal strategies are tailored to meet your specific needs. Our team of experienced attorneys provides clear and open communication, keeping you informed at every stage of your case and answering any questions you may have.

We are dedicated to fighting tirelessly for justice on behalf of our clients. Our skilled negotiators and litigators work to secure the maximum compensation available under the law, holding negligent parties accountable for their actions. We believe in transparency and compassionate support, offering you a strong, supportive partnership as we navigate the complexities of your case together. Choose The Wolf Pack® for experienced, relentless representation in your wrongful death case, and let us help you seek justice and the compensation you may deserve.

Frequently Asked Questions

In Wisconsin, typically only 1 wrongful death claim can be filed on behalf of all eligible family members. This claim is usually initiated by the personal representative of the deceased’s estate, who may be a surviving spouse, child, parent, or another close family member. However, all eligible beneficiaries—such as surviving spouses, children, and parents—are considered in the claim, and the compensation is distributed among them according to state law.

To prove a wrongful death claim, the plaintiff must establish several key elements:

  • Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. This means demonstrating that the defendant had a responsibility to act in a certain way toward the deceased, such as driving safely or providing competent medical care.
  • Breach of Duty: The plaintiff must prove that the defendant breached this duty of care. This breach could be an act of negligence, recklessness, or intentional harm.
  • Causation: It must be shown that the defendant’s breach of duty directly caused the death of the deceased. This involves establishing a clear link between the defendant’s actions and the fatal outcome.
  • Damages: Finally, the plaintiff must demonstrate that the death caused quantifiable damages, such as financial losses, loss of companionship, and emotional suffering for the surviving family members.

The duration of a wrongful death case can vary significantly based on several factors, including the complexity of the case, the availability of evidence, the willingness of parties to settle, and the court’s schedule. On average, a wrongful death case can take anywhere from several months to a few years to resolve.

The average settlement for a wrongful death case varies widely depending on several factors. Settlements can range from tens of thousands to several million dollars. The factors influencing the total settlement include the circumstances of the case, the nature of the wrongful act, the age and earning capacity of the deceased, and the emotional and financial impact on the surviving family members, etc. 

It’s important to note that each case is unique, and the specific details and merits of the case will significantly influence the final settlement amount. Consulting with an experienced wrongful death attorney can provide a more accurate estimate based on the specific circumstances of the case.

Our Milwaukee Law Office

MILWAUKEE, WI

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Milwaukee, WI 53202

Phone: (615) 551-3923
Email: info@wolfpacklawyers.com