When someone else’s careless, reckless, or intentional actions cause a wrongful death, it can shatter entire families. Not only do surviving loved ones suffer immense grief, but many also face sudden financial pressure with no clear way to address it. During such a challenging time, you need clear guidance from a dedicated wrongful death attorney.
LawtonCates proudly stands by Wisconsin families facing unthinkable tragedies. Our Green Bay wrongful death lawyers will investigate the circumstances of your loved one’s passing to seek the justice your family deserves. Contact us today to learn more.
Understanding Wrongful Death Claims in Green Bay
Wisconsin law defines wrongful death as death caused by a “wrongful act, neglect, or default” that would have allowed the injured person to file a personal injury claim if they had survived. In other words, if someone’s carelessness or misconduct causes a death, certain surviving family members may seek compensation from them.
Many families ask how a Green Bay wrongful death claim differs from criminal charges. It’s important to understand the following distinctions between the two:
- Criminal Charges – These involve the state prosecuting a defendant for violating criminal law. Prosecutors seek penalties such as imprisonment or fines.
- Wrongful Death Claim – This involves the family or estate pursuing compensation through civil court. You seek financial recovery for losses connected to the death.
These actions can occur simultaneously. A criminal case does not prevent you from pursuing a civil claim; in fact, a criminal conviction often helps prove your claim.
Who Can File a Wrongful Death Lawsuit in Wisconsin?
Wisconsin law sets a clear order for who can file a claim. The structure ensures that the closest family members receive priority.
The hierarchy for Green Bay wrongful death claims includes the following:
- Surviving spouse or domestic partner
- Children of the deceased
- Parents of the deceased
- Personal representative of the estate
These rules may appear confusing at first, but working with a fatal accident lawyer in Green Bay can provide clarity about your legal options.
Common Causes of Wrongful Death Cases
Wrongful death cases can happen in many ways, but some remain far more common than others. Some of the most common causes include the following:
- Fatal car/truck accidents caused by distracted driving or speeding
- Medical malpractice, including surgical errors and misdiagnosis
- Nursing home neglect, such as malnutrition or untreated conditions
- Defective products that cause fatal injuries due to poor design or manufacturing defects
At LawtonCates, our team investigates wrongful death cases to uncover what happened and who caused it, and then we gather the evidence needed to hold them accountable and recover maximum compensation.
Steps to Take After Losing a Loved One in an Accident
After a wrongful death, it’s understandable that surviving loved ones feel overwhelmed and unsure of what to do next. However, taking the following steps early on can protect your legal rights and strengthen your claim:
- Secure a Death Certificate – Obtain certified copies of the death certificate as soon as possible. You will need them for legal and financial matters.
- Preserve Evidence – Keep careful records, including photos, medical documents, and any accident-related information. Avoid discarding anything that may potentially support your case.
- Consult a Lawyer Before Signing Anything – Insurance companies often move quickly after a wrongful death, and they will employ various tactics to weaken your claim. Never sign anything or provide any recorded statements without legal guidance.
Compensation Available in a Wrongful Death Claim
Wrongful death compensation in Wisconsin can account for both the financial hardship and the personal harm that losing your loved one has caused. Depending on the circumstances of your case, your Green Bay wrongful death lawyers will likely seek compensation for the following on your behalf:
- Funeral/burial expenses
- Medical bills prior to death
- Lost future income
- Loss of society and companionship
While most forms of compensation are not capped in Wisconsin, loss of society and companionship is. Under state law, this form of compensation is capped at $350,000 if the deceased was an adult, and $500,000 if the deceased was a minor.
How Green Bay Wrongful Death Lawyers Can Help
Wrongful death cases can prove exceptionally challenging to handle on your own. An experienced fatal accident lawyer in Green Bay can take on the complicated legal burden so you can focus on your family.
The team at LawtonCates can help by doing the following:
- Handling Complex Evidence – We act swiftly to preserve and obtain critical evidence before it disappears. That includes medical and financial records, accident scene photos, witness testimony, police reports, surveillance footage, and expert analysis.
- Managing Estate Issues – We manage probate and estate requirements tied to the claim, and coordinate with the personal representative to handle proper filing and distribution under Wisconsin law.
- Negotiating with Aggressive Insurers – We push back when insurers attempt to limit your payout and fight for full compensation.
- Representing You in Court – LawtonCates brings a trial-tested approach to every case, which means we always operate from a position of strength, whether your case ends in an out-of-court settlement or goes to trial.
Wisconsin Statute of Limitations for Wrongful Death
Wisconsin limits the amount of time you have to file a wrongful death lawsuit. In most cases, you must file within three years from the date of death. However, claims involving motor vehicle accidents often carry a two-year deadline.
If you miss the deadline, courts will likely throw your case out, and you will lose your right to recover compensation forever. Early action not only helps you avoid missed deadlines, but it also allows your attorney to build the strongest possible case.
Speak with Our Green Bay Wrongful Death Lawyers Today
At LawtonCates, our attorneys have helped countless families across Wisconsin secure well-deserved justice, critical financial support, and a brighter tomorrow:
“Terry Polich and the team at Lawton Cates are the best attorneys I have ever worked with. They helped us with an issue that did not seem to have a solution, and delivered the best outcome. I highly recommend working with them.”
When you’re ready to seek the accountability and compensation you deserve, contact us for your free, no-obligation, fully confidential consultation. Our team can review your case and suggest your best path forward. We make ourselves available 24/7, and we offer both relentless advocacy and critical support during this difficult time in your life.