Losing someone you love in an accident is one of the hardest things a family can go through. Along with the heartbreak and confusion, there’s often the stress of unexpected expenses and unanswered questions. When someone else’s carelessness, a faulty product, or a wrongful act causes that loss, your family has the right to take legal action and seek accountability.
At Warshafsky Law Firm, our experienced lawyers can help families in Franklin, WI, and surrounding areas understand their legal options. We know no amount of money replaces your loved one, but legal action can provide stability and accountability. If you are ready to learn about the steps that could be taken, reach out today for a free consultation with an attorney who handles wrongful death cases.
Wrongful death claims may arise from a wide range of incidents—car crashes, construction accidents, or defective products. In Franklin, a wrongful death case typically focuses on proving that another person, company, or organization’s conduct directly caused a loss of life.
While negligence often plays a central role, it is not the only theory that may apply. In some cases, strict liability could be relevant. For example, if a defective vehicle part or unsafe machinery caused a fatal accident, liability may attach even if no negligence occurred.
Our firm examines every possible path to accountability. We may review how the event happened, the people or companies involved, and the legal principles that might apply. Whether the case involves a distracted driver on Ryan Road or a dangerous product used at a local workplace, the goal is always to pursue fair recovery for your family’s losses.
Wisconsin law allows certain family members to bring a wrongful death action. Typically, the deceased person’s spouse, children, or parents may have that right. If none of those individuals are alive, the right may pass to other relatives.
In Milwaukee County, wrongful death cases may also be brought by the personal representative of the deceased’s estate or a special administrator appointed by the court. This person could manage the legal process on behalf of the family.
At Warshafsky Law Firm, we can help you determine who may have standing to file the claim. Each situation is unique—especially when multiple family members are affected—and having guidance early can prevent confusion or disputes later.
Establishing liability means identifying whose actions—or inactions—contributed to the death. This could involve anything from a reckless driver running a red light on Howell Avenue to a property owner who failed to correct a known hazard.
Evidence plays a crucial role. Our team often reviews police reports, photographs, and witness statements to build a clear picture of what happened. Experts such as accident reconstructionists or product engineers may also review the evidence and produce reports that can help strengthen the claim.
Depending on the facts, liability could stem from:
Every case is different, and the legal approach should reflect that. We take the time to look at all the details and help families understand the laws and evidence that may support their claim.
Product-related wrongful death claims can arise from unsafe vehicles, household products, or machinery. These cases often fall under strict liability, meaning a company could be held responsible if its product was defective or unreasonably dangerous—even if the manufacturer was not negligent.
Defective product cases may involve:
Our attorneys review product testing reports, recalls, and expert analyses to determine if strict liability could apply. Holding large corporations accountable can prevent similar tragedies and bring closure to grieving families.
A wrongful death lawsuit may seek recovery for financial and emotional losses tied to the death. Those losses could include:
While no two cases are identical, these categories give a general idea of the basis of a personal injury case you could pursue through legal action. The court may also consider how the deceased supported the household, both financially and emotionally.
Warshafsky Law Firm digs deep into the facts of every situation and accounts for every kind of loss the family will suffer as a result of their loss. This often means reviewing work and income records, tax documents, and personal stories to show the true financial and emotional weight of the loss.
Filing a wrongful death lawsuit begins with investigating the incident, identifying liable parties, and filing a complaint within the statutory period. The statute of limitations sets a legal deadline for filing, usually within three years of the death (two years for motor vehicle accidents). Missing that deadline could prevent your case from moving forward, which is why contacting an attorney right away is essential.
Once the case is filed and the at-fault party files their Answer, the case moves into discovery—when both sides exchange evidence and information. Settlement discussions may happen throughout the process, but if no agreement is reached, the case could proceed to trial.
Our lawyers handle every phase carefully, whether negotiating with insurers in Milwaukee, collecting medical and accident records from Franklin or Oak Creek, or preparing cases for potential courtroom litigation in Racine County. While many wrongful death claims settle, we approach each as if it may go before a judge or jury in Waukesha or Kenosha County. This level of preparation helps strengthen your family’s position during negotiations.
After a wrongful death, sorting through bills, insurance calls, and endless paperwork can feel like too much to handle. That’s where Warshafsky Law Firm steps in to help lighten the load.
We talk directly with insurance companies, gather the records you need, and keep you updated from start to finish. Our goal is to take some of the pressure off so you can focus on your family and healing while we handle the legal side.
For years, we’ve stood beside families in Franklin, Milwaukee, Racine, and nearby communities, helping them hold negligent parties accountable and seek fair compensation. People know our firm for being thorough, prepared, and relentless in protecting our clients.
Every family deserves honesty, respect, and clear answers throughout the process. Whether your case involves negligence, a product defect, or another cause, we approach it with care and determination. If you’re unsure where to start, talking with one of our attorneys can help you understand your options and what to do next.
If your family lost someone because of another party, you may have legal options worth exploring. Speaking with a wrongful death lawyer as soon as possible will allow them to preserve evidence and protect your ability to act before the statutory deadline expires.
Warshafsky Law Firm proudly serves Franklin, Milwaukee, Oak Creek, Waukesha, Racine, Kenosha, West Allis, and nearby communities. We are here to guide you through this difficult time and help you understand what justice could look like for your family.
Reach out today for a free, confidential consultation. Let’s discuss how we can help you move forward.
