Wrongful death lawsuits: personal injury attorneys in Madison, WI Madison wrongful death lawyers

How much can I sue someone for wrongful death?

Wisconsin law sets no limit on special damages in wrongful death cases. As a representative of the deceased, you can make a wrongful death statutory claim to seek damages for associated financial loss, however large those financial losses may be. Pecuniary damages (medical expenses, funeral costs, lost financial contributions/inheritance) may also be compensated for. There is a cap for loss of society and companionship - Max. $500,000 per deceased minor, Max. $350,000 per deceased adult. 

Warshafsky Law will take your case to trial and win

Coping with the death of a loved one is always difficult. If their death was caused by someone else’s wrongdoing or negligence, those responsible can be legally compelled to make restitution. Compensation for the loss of future wages from your spouse or parent, loss of companionship, funeral expenses – these can all form the basis of a wrongful death claim. While no amount of money can stop the pain and hurt of losing a loved one, you can begin rebuilding your life with our help.

Identifying all responsible parties is a necessary step in ensuring full compensation is made, one which requires the involvement of a law firm. Warshafsky Law will identify everyone who had a hand in the death of your loved one in order to ensure the highest possible compensation for your loss. Whether your loved one died from a reckless driver or medical negligence, our team will find those responsible and hold them accountable. You deserve compensation. In addition to individuals, companies and government agencies can be found legally at fault for negligence (defined as failing to act as a reasonable person would have acted) or for intentionally causing the death of your loved one. Talk to our hospital malpractice attorneys to get the highest settlement possible from negligent medical personnel.

Wrongful death statute of limitations in Wisconsin

A statute of limitations is a time limit on how long you have to file a complaint. Although it depends on the type of lawsuit, the clock generally begins to tick the day the accident or offense occurs. After the amount of time stated by the statute of limitations passes, you can no longer file a lawsuit.

The civil statute of limitations for wrongful death, as with other types of lawsuits, varies from state to state. In Wisconsin, a wrongful death attorney must file your claim within 3 years. If the wrongful death involved a motor vehicle accident, the claim must be filed within 2 years.  However, the date the countdown begins depends on when the injury causing the death occurred and when the injury could have been noticed. If a wrongful death occurred recently or in the past few years, call the top car crash lawyers in Madison right away. We offer free consultations to determine whether you have a case for a wrongful death suit.

Who can sue?

When someone dies due to another person’s negligence, not just anyone can pursue a wrongful death negligence lawsuit. People who can file a wrongful death lawsuit on behalf of the deceased include:

  • Spouse of the deceased
  • Domestic partner
  • Child
  • Parent/guardian (if the deceased is a minor, the deceased is an unborn child, or the parent is a dependent of their adult child)
  • Personal representative of the deceased person’s estate

No matter who files the wrongful death claim, a portion of any damages awarded goes to the care of any surviving dependents of the deceased (such as a spouse, domestic partner, and any children under 18 years of age). This portion of the money takes into account the age of the dependents and their ability to support themselves, but the amount cannot exceed 50% of the total settlement or jury judgment.

No-win-no-fee policy from top personal injury attorneys

Warshafsky Law’s No Fee Until We Win policy means you owe us nothing until after you have received compensation through either a settlement or a judgment. We look at it this way—with everything else you are dealing with, the last thing you want is a mounting pile of legal bills. Our attorneys sympathize with your loss and will work hard to get you the largest financial compensation possible from those responsible. Our lawyers know you and your family come first. Warshafsky will fund the whole case through trial and any possible appeals.

With a 60+ year history of securing some of the highest settlements and judgments in the history of Wisconsin jurisprudence, you’re in good hands with Warshafsky Law. Take advantage of our free initial consultation offer and learn how we can help you.

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Who can file a wrongful death claim on behalf of someone?

Those who can file a wrongful death claim include a representative of the deceased's estate, a spouse, a domestic partner, the deceased's children, the deceased's parents, and a legal guardian of the deceased.

Who can I sue for wrongful death?

You can file a wrongful death claim against any individual or organization who caused someone's death through negligence. The most common defendants in wrongful death cases include drivers at fault in fatal crashes, doctors/hospitals for malpractice, nursing homes, airlines/pilots, and childcare workers/businesses. A wrongful death attorney will be able to tell you if you have a valid case.

How long do I have to file a wrongful death claim?

According to Wisconsin Statue §893.54, you have 3 years to sue for wrongful death. If the cause of death involved a motor vehicle accident, you only have 2 years. Your case will be valid if you file a claim within the legally allotted time after death. DO NOT wait to contact a wrongful death attorney.

What is the average wrongful death settlement in Wisconsin?

It's common for wrongful death settlements in Wisconsin to be hundreds of thousands of dollars. Some cases are less, other cases exceed $1,000,000. Settlement amounts have high variance because they depend on each case's unique details. Consult a wrongful death attorney for an accurate estimate of how much you can expect to receive from your settlement.

How are wrongful death settlements paid?

It is most common for the insurance company providing liability coverage to the person found at fault to pay the settlement. If the settlement amount exceeds the insurance policy's limit, or the individual at fault is uninsured, they are personally responsible for paying the settlement amount or jury award. Damages awarded in a wrongful death claim must also include interest calculated from the date of the victim's death.

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