No one is ever prepared to lose a cherished family member, and that’s never more true than when a loved one dies because of the actions of a careless individual. The pain, grief, and anger can be overwhelming. Losing a family member can also cause significant emotional distress and financial harm when you depended on them for economic security, relied on their help around the house, and counted on them to provide love and emotional support.
At Warshafsky Law Firm, our wrongful death attorneys help Kenosha residents understand their legal rights and pursue fair compensation for their losses. We understand that money does not replace the love and affection of a family member. However, securing financial stability for you and your family can give you the breathing room to focus on healing.
If the careless actions of another party caused the death of your family member, seek personalized legal guidance and support from one of our experienced Kenosha wrongful death lawyers now. Contact our office and arrange a free consultation. Warshafsky Law Firm serves the Southeastern Wisconsin area, including residents in Kenosha.
In Wisconsin, wrongful death occurs when a death is caused by another party’s wrongful act, neglect, or default. In other words, a wrongful death occurs when another party’s wrongful or careless actions cause the death of another person.
Wisconsin law treats wrongful death cases similarly to personal injury cases. In a personal injury case, an injured individual can use the legal system to file a personal injury lawsuit and pursue compensation from an at-fault party following an accident. Wrongful death cases work in much the same way, except the deceased individual cannot be the one to file the lawsuit against an at-fault party, so the law allows another individual to do it on their behalf.
Wrongful death cases can stem from different events, including:
Many wrongful death cases stem from negligence-based incidents or accidents. These are incidents caused by the actions of another party, such as a car accident. At Warshafsky Law Firm, our Kenosha wrongful death lawyers have experienced managing numerous types of wrongful death cases involving:
Our skilled team can also handle cases involving criminal acts. If you believe your family member’s death was the result of careless behavior by another party, discuss your situation with a knowledgeable wrongful death attorney who can evaluate your situation and help you understand your legal options.
Different jurisdictions have different rules on who is allowed to file a wrongful death lawsuit on behalf of a deceased individual. In Wisconsin, certain family members can file a lawsuit on behalf of a lost loved one. Family members can file a lawsuit in the following order:
A surviving spouse can file a lawsuit on behalf of a deceased individual. If the deceased has no surviving spouse, then surviving children are next in line to file a wrongful death lawsuit, and so on. Additionally, Wisconsin law allows the personal representative of the deceased to file a wrongful death lawsuit on behalf of the deceased individual’s estate. The personal representative, an executor, is named in the deceased individual’s will or estate plan.
Wisconsin law also dictates that if the deceased left behind children under the age of 18, a portion of any compensation recovered from a successful case must be set aside for those children.
For families, there is no way to put a price tag on a family member’s love, support, and affection. Money can never replace a loved one. However, a monetary award is the only way the Wisconsin legal system can compensate a deceased individual’s family following a tragic accident. At the very least, this compensation can help families cover the cost of specific expenses and give them the financial stability they need to begin the process of rebuilding their lives.
The value of a Kenosha wrongful death case varies depending on the circumstances of the incident. Specific Wisconsin rules, such as modified comparative negligence, which decreases compensation according to an individual’s percentage of fault for causing an accident, also factor into wrongful death compensation. Working with an experienced Kenosha wrongful death lawyer is the best way to understand the value of your case and ensure you are negotiating for maximum compensation and not a lowball settlement. While the value of every case is unique, most families can pursue money for the following:
Wisconsin is unique in that it caps damages for loss of society and companionship at $350,000 for a deceased adult and $500,000 for a deceased minor. Wisconsin also does not allow families to collect punitive damages in wrongful death lawsuits. Punitive damages are often used as a financial penalty for egregious or malicious conduct in civil cases.
You have the right to take your time to grieve after losing a family member. However, the law limits your time to file a wrongful death lawsuit. In Wisconsin, wrongful death lawsuits must be filed within three years of the date of death unless the individual died in a motor vehicle accident. If a family member passes away due to a car or other motor vehicle accident, you only have two years from the accident date to file a lawsuit seeking compensation for your losses.
If you wait too long to file a lawsuit, you risk losing valuable evidence which may be lost or destroyed. If the legal deadline passes, before you file, you can lose leverage against insurers or other parties, and you won’t have your day in court because the court can dismiss your case.
It can feel like time passes differently when you lose a family member. Don’t let your chance to pursue fair compensation and justice slip away. A wrongful death attorney serving the Kenosha area can keep your case on track, and be mindful of strict legal deadlines that may impact your case.
At Warshafsky Law Firm, our compassionate wrongful death attorneys advocate for you and your family. We understand this is a challenging and vulnerable time for you and your family, so we handle your situation with the respect and sensitivity it deserves. That means providing personalized legal advice and a shoulder to lean on when needed. We will aggressively fight to protect your rights and pursue maximum compensation and a sense of justice and accountability for your family.
We have 100 years of combined legal experience and rely on it to protect families in the Kenosha area. Contact Warshafsky Law Firm today to request a free legal consultation with one of our experienced and compassionate wrongful death lawyers. We don’t charge fees unless we win.
