Hear from our Milwaukee clients

​Krista LaFave and Victor Harding made a recovery for almost nine times more than is allowed by law!​ My husband was killed in an auto accident because a municipality failed to erect warning signs alerting drivers of a road closure ahead. Early on, I was told that a municipality is protected by a $50,000 cap and that was the most that could be recovered for his wrongful death. A statutory $50,000 cap enacted 35 years ago is meaningless in today’s dollars. It provides no accountability or consequences for a municipality’s gross negligence. ​Krista and Victor discovered a statute that rendered the $50,000 cap inapplicable in certain situations. The statute written 60 years ago had never before been tested. Through their perseverance in applying this law, I was able to recover far more than the cap. I can only pray that this result causes the municipality to change its ways.​You can’t find better representation out there than can be provided by Warshafsky.

Deidra U on

Criminal court vs civil court lawsuits

There can be some confusion between criminal court and civil lawsuits. When someone has committed a crime, they are tried in criminal court. Regardless of the outcome in that case, it has NO bearing in what happens in a civil lawsuit. Wrongful death claims are civil lawsuits. That means that whether the person responsible for your family member’s death has been found guilty, you still have a right to file a wrongful death claim against them. Even if they don’t serve jail time for what they did, the attorneys at Warshafsky Law will make sure they pay you for what they did to your family. We can help families both in Wisconsin and nationwide.

Choose the wrongful death attorneys at Warshafsky for your lawsuit. We charge NO FEES until you receive your settlement. Contact our Milwaukee personal injury lawyers for a free consultation today.

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Milwaukee wrongful death and personal injury attorneys

Milwaukee Personal Injury Lawsuits Frequently Asked Questions

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. Common defendants in wrongful death cases include drivers at fault in a fatal motor vehicle accidents, doctors/hospitals, nursing homes, airlines, and childcare workers/businesses. It's best to speak with a wrongful death attorney to make sure 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 a wrongful death. If the cause of death was an accident involving a motor vehicle, you only have 2 years to file a wrongful death claim. If you file your claim within the legally allotted time after death, your case will be valid.

How much can I sue someone for wrongful death?

In Wisconsin, there is no limit on special damages in wrongful death cases. Representatives of the deceased can make a Wisconsin wrongful death statutory claim to seek damages for associated financial loss. Pecuniary damages may also be compensated for (medical expenses, lost financial contributions/inheritance, funeral expenses). There IS a cap on damages for loss of society and companionship - Max. $500,000 per deceased minor, Max. $350,000 per deceased adult.

What is the average wrongful death settlement in Wisconsin?

In Wisconsin, it's common for wrongful death settlements to reach hundreds of thousands of dollars. Some case settlements aren't as high, some settlements reach millions of dollars. Death settlement amounts vary depending on the unique details of each case. Always consult your attorney for a more accurate estimate of what your settlement should be.

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 is higher than 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.

Wisconsin wrongful death settlement offers

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