If you lost a loved one due to someone else’s actions in West Bend, WI, you and your family may be eligible for compensation from the at-fault party. At Warshafsky Law Firm, our lawyers can help you seek the compensation you deserve for your loss by filing a wrongful death lawsuit on your behalf, negotiating a settlement with the at-fault party’s insurance company, and representing you and your family in court if necessary.
Contact our firm today for a free consultation with one of our experienced West Bend wrongful death attorneys who can review your case, explain your options, and walk you through the next steps.
A wrongful death is a death caused primarily by the actions or inactions of another party. Examples of wrongful deaths include someone who died in a car accident caused by a drunk driver or slipped on liquid on a floor in a business, then fell and died due to a head injury. Not all wrongful death cases stem from accidents. Intentional killings and physical assaults resulting in death are also wrongful deaths.
Through a wrongful death lawsuit, surviving family members can seek compensation for the untimely loss of their loved one. However, proving that the at-fault party was primarily responsible for your loved one’s death can be challenging without the assistance of a skilled attorney. Our wrongful death attorneys will handle all aspects of your case so you and your family can focus on being there for each other and grieving your loss.
Under Wisconsin law, the personal representative of the deceased’s estate or anyone who stands to recover compensation from a wrongful death lawsuit can file the suit. Typically, those who stand to recover compensation are the deceased’s spouse, children, parents, grandparents, siblings, and other dependents.
The percentage of the compensation each party receives depends on their relation to the deceased and the other parties involved in the case. For example, if the deceased is survived by a spouse and minor children, the spouse may receive 50 percent of the money while the children split the other 50 percent.
The damages sought through a West Bend wrongful death case fall into three categories: Economic, non-economic, and punitive. Most cases involve economic and non-economic damages. Punitive damages are rare and reserved only for cases in which the defendant acted maliciously toward or with intentional disregard for the rights of the deceased.
Economic Damages
Economic damages refer to the compensation sought for your losses with tangible value. This includes the cost of your loved one’s funeral and burial, the loss of their future income, the loss of inheritance they would have provided, and their medical expenses related to the incident.
Calculating your economic damages involves adding up the bills you received related to the incident and estimating future losses, such as by looking at your loved one’s income and age. In Wisconsin, there is no limit on the amount of economic damages you can recover, so they can make up a significant portion of your total damages.
For this reason, working with an experienced lawyer who can accurately assess the value of your economic losses is essential.
Non-Economic Damages
There are two types of non-economic damages in a wrongful death case. The first is any pain and suffering your loved one endured before their death. This can be a crucial claim that may be overlooked, especially if there is a thought that death was immediate. An experienced attorney will assist you in reviewing the potential value to this claim, as well as look for evidence to support the claim.
The second type of non-economic damages is for your personal loss of the companionship, love, affection, and guidance your loved one provided and the emotional distress you and your family experience because of your loss. The compensation you can receive for the wrongful death of a loved one is capped at $350,000 for a deceased adult and $500,000 for a deceased minor.
Since your non-economic losses are subjective, it’s crucial to have a lawyer on your side who can present evidence to back up the amount of compensation you are seeking. Insurance companies often try to do everything in their power to reduce the value of claims, and the best way to maximize your compensation is to work with a lawyer.
Punitive Damages
While economic and non-economic damages are also known as compensatory damages because they compensate victims and their families for their losses, punitive damages are different. Rather than compensating victims for losses, they punish wrongdoers for particularly egregious behavior. Punitive damages are only available in specific situations, and an experienced attorney can advise whether your situation has the grounds to bring a punitive damages claim.
Punitive damages are capped at $200,000 or two times the amount of compensatory damages, whichever is greater. However, this cap doesn’t apply if the defendant caused your loved one’s death due to operating a motor vehicle while intoxicated.
Wisconsin’s modified comparative negligence law may play a role in your West Bend, Washington County, wrongful death claim. Under this law, the compensation surviving family members can receive may be reduced by a percentage equal to the deceased’s fault for the incident. And if the deceased was more than 50% at fault for the incident, family members may be barred from recovering damages.
The at-fault party’s insurance company may try to use this law to reduce the value of or deny your wrongful death lawsuit. Insurance companies are always looking out for their bottom line at the expense of victims and their families. An experienced wrongful death lawyer may be able to present evidence showing that your loved one wasn’t at fault for the incident that resulted in their death. This evidence may include:
Under Wisconsin’s statute of limitations for wrongful death cases, surviving family members have only 2 years to bring a lawsuit when a loved one died in a motor vehicle accident, or 3 years for any other wrongful death. Failing to file your lawsuit within this deadline will result in the courts barring you from recovering compensation in court for the loss of your loved one. Time is of the essence to contact a lawyer when a wrongful death occurs. Do not wait as evidence may disappear.
Warshafsky Law Firm has been providing West Bend injury victims and their families with robust legal support for over 60 years. If your loved one passed away due to their injuries, you may be entitled to seek compensation for your loss through a wrongful death lawsuit.
Contact our firm for a free consultation with an experienced and compassionate lawyer. We’ll review the details of the incident, explain your options for seeking the compensation you deserve, and go over how our team will handle your case so you and your family can focus on grieving and supporting each other.
