Did someone else’s careless driving lead to a crash that took your loved one from you? You’re likely facing shock, grief, and a long list of unanswered questions. You and your family shouldn’t have to deal with insurance companies or legal deadlines on your own during this time.
A Milwaukee fatal car accident lawyer from LawtonCates, S.C., can handle the legal side of things while you focus on your family. Contact us today to arrange a free, no-obligation consultation session. We’ll review your case, explain your rights, walk you through your options, and help you figure out what comes next. Your consultation is fully confidential, and you pay nothing unless we successfully resolve your case.
What Is a Fatal Car Accident Claim in Wisconsin?
A fatal car accident claim in Wisconsin usually involves two parts: a wrongful death claim and a survival action. A wrongful death claim provides a way for surviving loved ones to recover compensation for the losses they have suffered. A survival action focuses on the harm the victim experienced before their death. The money from a survival action goes to the deceased person’s estate, which is then distributed according to the terms of their will or, if they have none, state law.
Common Causes of Fatal Car Accidents in Milwaukee
Some car accidents leave people with injuries that can be recovered from. Others are deadly. When someone loses their life in a crash, the cause often involves reckless, illegal, or careless behavior. The following are some common examples of issues that can lead to fatal accidents in Milwaukee:
- Speeding – Drivers who exceed posted speed limits or go too fast for the conditions often can’t react in time to stop or avoid collisions. High-speed crashes involve greater force, increasing the risk of fatal injury for everyone involved.
- Failure to Yield – Intersections can be extremely dangerous if drivers ignore traffic signals. A driver who blows through a red light or stop sign can crash into the side of another car with full force, possibly causing fatal injuries on impact.
- Impaired Driving – Alcohol, drugs, and even extreme fatigue can affect a driver’s judgment, vision, and reaction time. Drunk or high drivers often make dangerous choices behind the wheel, and many never realize how impaired they are until it’s too late.
- Distracted Driving – Texting, eating, or personal grooming while driving can all divert a driver’s attention from the road. A distracted driver might not notice a red light, a stopped car, or a pedestrian until it’s too late to avoid a deadly crash.
- Following Too Closely – Tailgating, often associated with aggressive driving, leaves little room for drivers to slow or stop in response to traffic changes. At high speeds, rear-end crashes caused by tailgating can be fatal, especially when involving motorcycles or smaller vehicles.
- Poor Weather and Road Conditions – Snow, ice, fog, and rain can all reduce visibility and make roads slick. Drivers who don’t slow down or adjust their following distance in response to weather-related hazards are more likely to lose control and cause fatal accidents.
- Vehicle Defects – Sometimes, vehicle defects related to manufacturing issues or inadequate maintenance are to blame for fatal crashes. Brake failures, tire blowouts, or steering system defects can contribute to dangerous loss of control for even the most careful drivers.
Who Can File a Wrongful Death Claim in Wisconsin?
In Wisconsin, either the personal representative of the deceased person’s estate or a family member who qualifies to receive compensation (such as a spouse or child) may file a wrongful death claim. Only one claim can move forward, even if multiple people have an interest in the outcome. If more than one person files, the court will combine the cases into a single case.
Damages Available in a Milwaukee Fatal Car Accident Case
A fatal accident wrongful death claim focuses on the financial and personal losses tied to the fatal crash. Wisconsin law allows survivors to recover specific types of damages (money), depending on the facts of the case.
Depending on the situation, families may seek the following types of damages:
- Medical expenses related to treatment before death
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of society and companionship
- Loss of parental care, guidance, and support for minor children
- Damages for the decedent’s pain and suffering before death through a survival claim
- Punitive damages through a survival claim, when allowed by law
In terms of who would receive the damages, the following applies:
- If the deceased has a surviving spouse or domestic partner, they typically receive the full amount of any damages.
- If there’s a surviving spouse or partner and minor children, the court may set aside up to 50 percent of the damages for the children, after costs.
- If there are surviving minor children but no spouse or partner, everything goes to the children.
- If there is no surviving spouse, partner, or minor child, the money passes to the deceased person’s lineal heirs (typically adult children, parents, or siblings).
Why Hire a Milwaukee Fatal Car Accident Lawyer?
Wisconsin wrongful death claims involve strict deadlines, detailed rules, and multiple people who might seek part of the recovery. You shouldn’t have to figure all of that out while also dealing with the grief of losing a loved one.
A Milwaukee fatal car accident lawyer can protect your rights and handle all the legal details for you. That includes gathering evidence, filing paperwork, and dealing with at-fault parties trying to avoid responsibility. A lawyer can also push back if the insurance company tries to shift the blame or pressure your family into settling for less than your claim is worth.
Why Choose LawtonCates for a Fatal Car Accident Case?
The Milwaukee wrongful death lawyers at LawtonCates have been fighting for Wisconsin families like yours since 1958. We’ve handled fatal crash cases across the state and have a proven record of results. Our attorneys know how to build strong claims, deal with insurance companies, and take cases to trial when necessary. We take wrongful death cases on a contingency fee basis, so you won’t owe us any fees unless we recover money for your family.
Free Consultation with a Milwaukee Fatal Car Accident Lawyer
If you lost someone in a crash, you deserve clear answers and steady support. A Milwaukee fatal crash lawyer from LawtonCates can review your case and explain what to expect in a free, fully confidential case review. Whenever you’re ready, contact our Milwaukee fatal crash attorneys to get started.