Losing a loved one due to someone else’s negligence is an unthinkable tragedy that often leaves surviving family members coping with complex legal and financial issues. If you’re in this position, an experienced wrongful death lawyer in Milwaukee can help you pursue justice and hold the responsible party accountable.
For nearly 70 years, LawtonCates has helped grieving families recover just compensation for losses they never should have had to endure. Our respected attorneys are distinguished advocates with a track record of success in personal injury and wrongful death cases. If you lost a family member due to another’s wrongful act, we can provide compassionate and relentless legal representation for this terrible injustice. Contact us today for a free consultation.
Why You Need a Milwaukee Wrongful Death Lawyer
Pursuing a wrongful death claim is complicated, challenging, and emotionally charged. Working with a Milwaukee wrongful death lawyer can ease some of the burden you’re bearing so you can mourn in peace. A wrongful death attorney can help by:
- Assessing your case for free – You have enough on your mind without worrying about money, and learning your legal rights is too important. At LawtonCates, we offer free legal consultations where we can listen to your story, ask questions, and inform you of your legal options.
- Handling communications – Dealing with insurance companies and the at-fault party(s) can be like re-experiencing your trauma over and over again. Our wrongful death attorneys can facilitate these discussions to minimize disruptions and reduce stress on families.
- Gathering evidence – Every wrongful death case requires clear and convincing evidence. Your lawyer will investigate the case and gather proof showing the at-fault party’s liability and the extent of your losses.
- Negotiating and litigating – Whether your case ends in an out-of-court settlement or a verdict from a judge or jury, your Milwaukee wrongful death lawyer will aggressively advocate for the compensation you deserve.
At LawtonCates, our legal team has a long history of representing clients in Wisconsin wrongful death cases. We’ll work meticulously to prepare a case identifying the negligent act that led to your loved one’s death and demanding maximum compensation for your loss.
What Is Wrongful Death?
Wisconsin law says a wrongful death occurs when someone loses their life as a direct result of someone else’s negligence, recklessness, or malicious intent. Tragically, these incidents can happen anywhere — in car accidents, at work, while crossing the street, or even while relaxing in a park. Eligible victims can seek compensation from the person or party responsible for their loved one’s death by filing a legal claim against them.
Who Can File a Wrongful Death Claim in Milwaukee?
The Wisconsin wrongful death statute allows surviving family members or the personal representative of the deceased person’s estate to seek compensation after a wrongful death. Eligible relatives include:
- Spouses or domestic partners
- Children (biological and adopted)
- Grandchildren
- Parents
- Grandparents
- Siblings
- Parents of minor children
- Legal guardians
If the deceased has no surviving spouse or domestic partner, the right to file follows the order of surviving family members listed above. A lawyer for wrongful death in Milwaukee can help you determine whether or not you have the legal right to seek compensation.
Survival Action vs. Wrongful Death Lawsuit in Wisconsin
Wrongful death claims and survival actions are similar and often filed together. However, the differences between the two are important.
A wrongful death suit seeks compensation for the losses incurred by the surviving family. That includes funeral and burial expenses, future earnings, and loss of companionship and society. These are all losses that occurred after and as a result of the loss of your loved one.
Unlike the wrongful death law, a survival action essentially extends the right to pursue the deceased’s personal injury claim to their surviving loved ones. This type of lawsuit focuses on the pain and suffering the deceased experienced and the medical expenses they incurred before they died.
Compensation in Wrongful Death Cases
No amount of money can make up for the wrongful death of a loved one. However, that doesn’t mean you should experience financial distress caused by this tragedy or that the responsible party shouldn’t be held accountable. Compensation in a successful wrongful death claim can include money for:
- Funeral and burial expenses – Honoring your loved one after their passing can be extremely costly. The liable party may be responsible for funeral expenses, cremation, memorial services, and burial.
- Loss of financial support – Surviving dependents may be entitled to compensation for the lost wages, retirement benefits, and household services like childcare or home maintenance that the deceased would have provided.
- Loss of companionship and society – Losing a loved one extends far beyond the financial and household support they provided. This compensation aims to account for the emotional and personal losses that surviving family members must endure.
- Loss of care and guidance – A parent provides essential nurturing, advice, and education to their child that is no longer available to that child after a wrongful death.
Is There a Time Limit to File a Wrongful Death Claim?
The Wisconsin statute of limitations for a wrongful death claim typically allows the survivors three years from the date of death to take legal action. However, in wrongful death cases involving motor vehicle accidents, the window for filing a lawsuit is just two years.
While it’s natural to feel overwhelmed at the thought of filing a lawsuit during such a difficult time, it’s vital to remember that time is limited. The two- or three-year deadline can come up faster than you think, and waiting too long may make it harder to gather substantial evidence or reliable witness statements, which can affect the strength of your case. Once you’ve hired an attorney, they can take over the legal legwork so you don’t have to worry about deadlines.
Contact a Wrongful Death Lawyer in Milwaukee
You deserve justice if someone else’s negligence caused your loved one’s passing. The Milwaukee wrongful death attorneys at LawtonCates combine compassionate legal advocacy with firm action as we fight to hold the responsible parties accountable and help you find a sense of closure.
When you’re ready, we’re here. Call or contact us for a private, free consultation.