From fatal drunk driving crashes and severe workplace injuries to deadly appliances and intentional assaults, wrongful deaths wreak havoc on families in Wausau and Marathon County. While you’re understandably focused on your grief after such a loss, your short- and long-term needs need attention, too. You have funeral and burial expenses to pay for, you might be responsible for your family member’s medical expenses, and your household income has likely dropped significantly. You also want justice for your family member. Where do you turn for help in a moment like this?
Warshafsky Law Firm has over 60 years of experience representing injured people in Wisconsin and their surviving family members, and we’re here to help. As wrongful death lawyers serving Wausau and the rest of Marathon County, we can handle the legal process and fight for fair compensation for your loss while you are grieving. We’re here to ease your burdens, not add to them, so we’ll take care of the legal details. We won’t charge any fees unless we secure compensation for you. It’s crucial to act quickly to protect your rights, so call now or complete our contact form for a free case review.
State law defines a wrongful death as any death resulting from someone else’s “wrongful act, neglect, or default” that would have given the deceased cause for a personal injury lawsuit had they survived. In plain English, a wrongful death occurs anytime someone dies due to another party’s actions or failure to act, even if their actions or failure to act don’t reach the level of criminal activity.
For example, suppose someone dies in Wausau because their brakes or another critical component of their car had a defect and they lost control. In this scenario, their surviving family members might have grounds for a wrongful death claim because automakers and parts manufacturers have an obligation to make sure their parts are safe to use.
Some common causes and examples of wrongful deaths include:
Under Wisconsin law, the personal representative of the deceased’s estate (sometimes called the “executor”) usually files a wrongful death claim on behalf of the surviving family members. The personal representative is usually a family member or trusted friend the deceased. This person is either named in the will or appointed by the court. Wisconsin also allows “the person to whom the amount recovered belongs” as the person who can bring a wrongful death claim. An experienced lawyer can help you determine if you are able to bring a wrongful death claim.
State law spells out which family members receive the compensation from a wrongful death claim and how much each eligible party receives:
In Wisconsin, the surviving spouse or domestic partner is typically the first in line to receive compensation from a wrongful death claim. If the deceased also had minor children, the court may direct that up to 50 percent of the net compensation amount go to those children for their benefit. The rest usually goes to the spouse or domestic partner, though the court may adjust the split depending on the family’s circumstances.
If the deceased had children under 18 who relied on their income or care, Wisconsin law protects those children’s interests. The court will weigh factors like each child’s age, financial needs, and whether the surviving spouse or partner is capable of managing the funds from the wrongful death claim. The goal is to make sure minor children receive fair support after losing a parent.
When the deceased has no spouse, domestic partner, or minor child, the money from a wrongful death claim may go to their adult children, parents, or other “lineal heirs” (a legal term for members of someone’s family).
If no spouse, children, or lineal heirs survive, the deceased’s siblings may receive compensation. However, they can only recover damages for loss of society and companionship if they were minors at the time of the deceased’s passing.
No amount of money can make up for losing a family member. However, your compensation from a wrongful death claim can ease your financial stress and cover your immediate needs. Depending on the facts of the case, your claim for a Wausau wrongful death could include compensation for:
Wrongful death claims can be legally complicated and are always emotionally complicated. It is difficult to think clearly when grieving the loss of your loved one. At Warshafsky Law Firm, we understand how overwhelming life becomes after losing a family member. You’re grieving, handling funeral arrangements, managing bills, and trying to make sense of what happened—all while wondering if there’s any way to hold the responsible party accountable.
That’s where we come in. Our wrongful death attorneys serve Wausau residents, and we are here to shoulder the legal burden so you can focus on healing.
We’ll start by investigating the cause of your family member’s death, gathering evidence, speaking with witnesses, and consulting experts to build a strong case. We’ll identify everyone who may be legally responsible and fight to hold them accountable. Whether through settlement negotiations or a trial, we’ll pursue full compensation for your family’s loss, including money for lost financial support, funeral costs, and your deep emotional harm.
We also take the time to explain your legal rights and remedies. We recognize the tragic circumstance in which you find yourself. Our attorneys and staff are thoughtful and thorough, and we work to ensure you understand your options and choices.
With our team at your side, you won’t need to deal with insurance companies or court filings. We take care of the paperwork, deadlines, and tough conversations. Throughout the process, we’ll keep you informed and treat your family with the compassion and respect you deserve.
Under Wisconsin law, you usually have three years after a family member dies to file a wrongful death lawsuit. However, the deadline in cases where someone dies in a car accident is two years. Either way, make sure you talk to a lawyer right away so they can collect evidence and start building your case.
Let our experienced team fight for justice on your family’s behalf after losing a family member. Call Warshafsky Law Firm now or complete our contact form for a free consultation.
