The death of a loved one can be devastating to an entire family. At Studinski Law, LLC, we have helped clients protect their rights during these difficult times. Contact our Wisconsin wrongful death attorneys to discuss your legal options. Call us at (715) 343-2850 or use our online form below.
Wisconsin law allows for a wrongful death lawsuit in cases where a person died as the result of a “wrongful act” by another party. These cases are civil suits where the survivors of the deceased sue the person or company who they believe caused the death of their loved one through a wrongful act. With a thorough investigation, our skilled Wisconsin wrongful death attorneys will work to show that the other party’s negligence caused the death of your loved one, and that you and your family are entitled to compensation.
You may wonder if your relationship to the deceased allows for you to file a wrongful death suit. Parties who may file a wrongful death lawsuit include:
Close survivors are naturally considered as candidates for those who can file a wrongful death lawsuit. This could include children, the spouse or domestic partner, parents, and potentially others. There can be more than one person who can bring a wrongful death claim in a given case.
What Can Studinski Law Do for You?
Each year thousands of people in Wisconsin suffer fatal injuries due to the negligence or recklessness of another person or company. Those injuries are often caused by falls, poisoning, motor vehicle crashes, and occupational injuries.
In addition to emotional pain, the death of a loved one can leave you with great financial difficulties. Not only are there immediate expenses such as funeral costs and pending bills, but you may be worried about your family’s long term financial security after losing the income of the recently deceased. Wisconsin law allows for a variety of options in pursuing damages in a wrongful death case, and your Wisconsin personal injury attorneys must have the proper experience and knowledge to help you and your family navigate this process. At Studinski Law, LLC, we can help you review and understand your options after the loss of a loved one, and we will fight for you and your family throughout your entire wrongful death lawsuit.
Your attorney can help you prove your damages, which may include:
The process of identifying these damages, and then successfully arguing for them requires an attorney who is knowledgeable in wrongful death claims. Our vast experience and understanding in wrongful death claims allows for us to understand the full measure of your harms and losses and argue effectively for fair compensation.
Generally, the statute of limitations in Wisconsin requires that wrongful death lawsuits must be filed within three years, or two years if the death involved a car wreck. This period begins to run either when the injury that caused the death occurred, or when it is determined that the injury could have reasonably been discovered. The statute of limitations can be a contentious issue in any wrongful death lawsuit where the deceased person’s death was not instant.
Wrongful death cases can be dismissed because they were not filed within the statute of limitations, and therefore it is important to contact your attorney as soon as possible if you think that the death of your loved one was caused by the wrongful act of another person or company. At Studinski Law, LLC, we have an understanding of how a Wisconsin court will apply the statute of limitations to your case.
We know how extremely painful it is to lose a loved one due to the negligent and wrongful act of another. Your loss can also jeopardize the financial well-being of your family and a wrongful death lawsuit requires a lawyer who understands how to proceed during this complicated and often overwhelming legal process.
A wrongful death can occur to anyone without notice. Your loved one may have been going about their day in a normal manner and someone else’s negligent actions resulted in tragedy. Our wrongful death lawyers understand that these situations are unexpected. We will compassionately listen to your story and help you develop a plan to move forward after the death of a loved one.
Some of the most common causes of wrongful death include:
With offices in Plover and Marshfield, Studinski Law, LLC serves clients throughout Wisconsin, including Wisconsin Rapids, Stevens Point, and Waupaca. Whether you live in a large city or a rural town, regardless of the accident or the injuries you suffered, you have the right to be compensated for your losses. Our personal injury and wrongful death attorneys are familiar with the Wisconsin courts in your area, and will fight to tell your story – wherever it needs to be told.
A survival action is a lawsuit wherein the loved ones of a recently deceased person seek damages that the deceased person was entitled to before their death. Survival actions are generally brought by the estate of the deceased person. This is different than a wrongful death lawsuit where often close family members sue for damages that they are owed due to the loss of their loved one by the negligent or wrongful act of another. In survival actions, the loved one was harmed and could have sued for damages in a personal injury claim, but was unable to since they passed away before they could go ahead with their claim.
Survival actions are often filed along with wrongful death lawsuits. Survival actions are pursued like any other negligence claim, and unlike wrongful death suits they allow for punitive damages. Your deceased loved one may have been entitled to damages for a variety of reasons such as:
There are two types of damages in wrongful death claims – pecuniary and non-pecuniary. Pecuniary damages are “quantifiable,” and are directly related to monetary losses such as funeral and medical expenses, lost wages, and related losses.
Non-pecuniary damages are not as easy to calculate. They include loss of society and companionship, loss of love, and other emotional losses. These can be calculated by documenting emotional distress, need for counseling or therapy, and other evidence proving your anguish. Sometimes expert witnesses are used to prove the amount of emotional distress that has been caused by the loss of a loved one.
Quantifiable damages are those you sustained due to the wrongful death of your loved one, such as lost earnings and funeral expenses. They are called pecuniary damages, and there is no limit to how much you and your loved ones can recover for pecuniary damages you prove. Recovery for non-pecuniary damages, such as loss of society or loss of companionship, is capped at $350,000 if the deceased is an adult and $500,000 if the deceased is a child. You should consult with an experienced wrongful death attorney as the wrongful death caps on damages can be eliminated or modified by new legal developments in the courts or the legislature.
Our Wisconsin wrongful death attorneys have helped many families protect their rights and find justice after the loss of a loved one, and we can help you too.
Contact Studinski Law, LLC at (715) 343-2850 or send us a message.
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