Wrongful Death Attorney in Janesville, Wisconsin

When an unexpected accident or catastrophic event causes the death of a family member or loved one, the impact can be devastating. The burden can become even more overwhelming when you suspect the death was a result of reckless or negligent actions of another party. 

If this scenario is your current reality, you likely have many questions about the incident and wonder if the legal system will hold the person or entities responsible for the death. In addition, if the loved one was the primary financial provider, the burden of financial obligations and loss can create even more hardship and heartache. Fortunately, even in the midst of sadness and uncertainty, options are available through a wrongful death claim. 

At The Paul Benson Law Firm, I treat every client with the respect and personalized attention they deserve. No one deserves to experience loss because of someone else’s poor decisions. When you are ready to take action, I’m here to help.

Why File A Wrongful Death Claim In Wisconsin?

When you experience the loss of someone close to you, it is difficult to wrap your mind around the thought of filing a lawsuit. Even though no amount of money can ever bring your loved one back, filing a wrongful death claim could be of benefit to you and your family.

1. A wrongful death claim holds the negligent party accountable for the death — Not only can a wrongful death claim hold the negligent party financially responsible, it also raises awareness and accountability that helps prevent similar situations from happening to other families. 
2. A wrongful death claim provides fair compensation — A lawsuit can provide a much-needed financial boost for you to cover funeral expenses, burial expenses, lost income, and more. 
3. A wrongful death claim can lead to a sense of closure — A successful wrongful death claim may help you find closure. Knowing the legal system has provided a sense of justice, you may find some relief after experiencing such a devastating loss. 

What Constitutes Wrongful Death In Wisconsin?

Wisconsin law defines a wrongful death as any death that is caused by another party’s wrongful act or neglect in a situation when the deceased could have filed a personal injury claim had they lived. The gist of the law is that because the deceased person cannot file a personal injury claim, others may file on their behalf through a wrongful death claim. 

A wide range of events or actions can constitute a wrongful death claim in Wisconsin. These include:

• Any incident that is negligence based
• Medical malpractice 
• Intentional acts or crimes

In Wisconsin, filing most wrongful death claims must be initiated within three years of the date of the incident. However, if the death of a loved one was caused by a car accident, the time limit for filing a wrongful death claim is two years. 

Who Can File A Wrongful Death Claim?

If the deceased has an estate plan, Wisconsin law allows the executor (the person responsible) of the estate to file a wrongful death claim. In addition to an executor, surviving family members who may file a claim are:

• A spouse or domestic partner of the deceased 
• Children or grandchildren of the deceased
• Parents of the deceased 
• Grandparents of the deceased 
• Siblings of the deceased

What Needs To Be Proven To Constitute Wrongful Death? 

Much like personal injury claims, the majority of wrongful death claims are based on negligence. Negligence can be simply defined as failure to take proper care in doing something. Negligence must be supported by proof. Reaching the burden of proof in a wrongful death claim is based on the following elements:

• The person or company responsible was negligent 
• The negligence directly caused the death of another person
• The death has harmed or negatively impacted surviving family members

Because every claim is unique and the burden of proof is always on the plaintiff, it is important to rely on the experience of a wrongful death attorney to investigate and gather evidence that supports your case.

Damages Available

Surviving members of a wrongful death deserve compensation, also referred to as damages. In Wisconsin, the deceased’s spouse, children, parents or siblings may receive both economic and non-economic damages. Damages available in a wrongful death claim might include:

• Medical bills
• Loss of financial contributions
• Funeral and burial expenses
• Pain and suffering
• And more