Understanding Wrongful Death Claims in Milwaukee
Navigating the aftermath of a loved one’s death is an immensely challenging journey. When that loss was preventable and caused by the negligence or wrongful act of another, Wisconsin law provides a legal path for families to seek justice and financial stability. This path is known as a wrongful death claim. Understanding the fundamental principles of these claims is the first step toward holding the responsible parties accountable and securing your family’s future.
Definition of Wrongful Death
Under Wisconsin law, a wrongful death is defined as a death caused by a “wrongful act, neglect, or default” of another person or entity. In simpler terms, if the person who died could have filed a personal injury lawsuit had they survived, their surviving family members may now file a wrongful death claim. These claims are not criminal cases but civil lawsuits intended to compensate the family for their losses.
Common incidents that can lead to wrongful death claims in Milwaukee include:
- Motor vehicle accidents involving negligent or reckless drivers.
- Workplace accidents caused by unsafe conditions or negligence.
- Defective products that malfunction and cause fatal injuries.
- Premises liability cases, such as a fatal slip and fall on poorly maintained property.
Wisconsin Statutes Governing Wrongful Death
The legal framework for these claims is primarily outlined in the Wisconsin Statutes. Two key statutes are crucial to understand:
- Wisconsin Statute § 895.04 (Plaintiff in wrongful death action): This law specifies who is legally entitled to file a wrongful death lawsuit and what damages they can claim. The claim is typically brought by the personal representative of the deceased’s estate. However, the compensation recovered is for the benefit of surviving family members, such as a spouse, domestic partner, children, or parents. The statute also sets limits, or “caps,” on certain types of damages, particularly for the loss of society and companionship.
- Wisconsin Statute § 893.54 (Statute of Limitations for Personal Injury): The statute of limitations is the critical time limit within which a lawsuit must be filed. For most wrongful death cases in Wisconsin, you have three years from the date of death to file a claim. If the death was caused by a motor vehicle accident, the time limit is also three years. It is absolutely essential to act within this timeframe, as failing to do so will almost certainly result in the court dismissing your case permanently. An experienced attorney can ensure all deadlines are met.
Liability and Compensation in Wrongful Death Cases in Milwaukee
Successfully pursuing a wrongful death claim requires proving that another party was legally at fault (liable) for the death. Once liability is established, the focus shifts to securing fair compensation for the immense losses the family has suffered. Wisconsin law has specific rules governing both liability and the types of damages that can be awarded, which can significantly impact the outcome of a case.
Comparative Negligence Law in Wisconsin
Wisconsin follows a “modified comparative negligence” rule, which can play a significant role in wrongful death cases. This law acknowledges that sometimes, more than one party may be at fault for an accident, including the deceased. Under this rule, a family can still recover damages as long as the deceased was not 51% or more at fault for the incident that caused their death.
However, the total compensation awarded will be reduced by the percentage of fault assigned to the deceased. Insurance companies often try to shift as much blame as possible onto the victim to reduce their payout. A skilled attorney is vital to counter these tactics and ensure fault is assigned fairly.
Types of Damages Recoverable
In a Wisconsin wrongful death lawsuit, surviving family members can seek compensation for various economic and non-economic losses. These damages are intended to help the family cope with the financial and emotional void left by their loved one’s passing.
Economic Damages cover tangible financial losses, including:
- Medical expenses incurred by the deceased before their death.
- Funeral and burial expenses.
- Loss of financial support the deceased would have provided to the family.
- Loss of inheritance suffered by surviving children.
- Loss of household services the deceased performed.
Non-Economic Damages compensate for intangible, personal losses:
- Pre Death Pain and Suffering: This refers to the physical pain that the individual experienced between the event and death.
- Pre Death Fear: This refers to the mental and emotional trauma experienced knowing that death is coming.
An experienced wrongful death lawyer will carefully calculate all applicable damages to ensure your family seeks the maximum compensation allowed under the law.
Punitive Damages Exclusion
It is important for families to have clear expectations regarding compensation. In Wisconsin, punitive damages are generally not available in wrongful death lawsuits. Punitive damages are intended to punish the wrongdoer and deter similar conduct, rather than to compensate the family for their losses. While they may be available in some personal injury cases where the victim survives (known as survival actions), the law governing wrongful death claims in Wisconsin excludes them. Your attorney will focus on maximizing the economic and non-economic damages that are legally recoverable to provide for your family’s needs.
The Legal Process for Wrongful Death Claims in Milwaukee
Filing a wrongful death claim involves a structured legal process that can be overwhelming for a grieving family. From the initial investigation to navigating court procedures, each step is critical to building a successful case. A compassionate and skilled Milwaukee wrongful death lawyer manages this entire process, allowing your family to focus on healing while they pursue justice on your behalf.
Filing a Civil Lawsuit
The formal legal process begins with filing a civil lawsuit in the appropriate Wisconsin court. This starts with your attorney drafting a “complaint,” a legal document that details the facts of the case, identifies the defendant (the party at fault), explains why they are legally responsible for the death, and states the damages your family is seeking. This complaint is then filed with the court and officially “served” on the defendant, who is then required to respond. This initiates the litigation process, which can involve stages like discovery (exchanging information), negotiations, mediation, and, if a settlement cannot be reached, a trial.
Accident Investigation and Gathering Evidence
Before a lawsuit is even filed, a thorough and immediate investigation is the foundation of a strong wrongful death claim. A proactive legal team will spring into action to preserve crucial evidence before it is lost or destroyed. This critical phase includes:
- Visiting and documenting the accident scene.
- Interviewing eyewitnesses.
- Obtaining police reports, medical records, and coroner’s reports.
- Collecting physical evidence, such as vehicle data recorders or defective product parts.
- Hiring experts, such as accident reconstructionists or medical specialists, to analyze the evidence and provide testimony.
This meticulous evidence-gathering process is essential to definitively prove the defendant’s negligence and build a compelling case for the full compensation your family deserves.
Choosing a Milwaukee Wrongful Death Lawyer
The decision to hire an attorney is one of the most important a family will make after a wrongful death. The right lawyer not only provides expert legal guidance but also offers compassionate support during an incredibly painful time. Selecting a law firm with a proven track record in wrongful death cases in Milwaukee is essential to maximizing your chances of a successful outcome.
Importance of Experience and Expertise
Wrongful death claims are among the most complex areas of personal injury law. They require a deep understanding of Wisconsin statutes, evidence preservation techniques, and strategies for valuing a family’s profound loss. An attorney with extensive experience in this specific area will be familiar with the local Milwaukee court systems, judges, and opposing insurance company tactics. They will know how to anticipate challenges, hire the right experts, and build a powerful case designed to secure the best possible result, whether through a negotiated settlement or a jury verdict.
Contingency Fee Agreement
The financial strain following an unexpected death can be immense, and the thought of paying legal fees can be a major concern for families. That is why reputable wrongful death lawyers work on a contingency fee basis. This means you pay no upfront costs or attorney’s fees. The law firm covers all expenses related to investigating and pursuing your case. The attorney’s fee is a pre-agreed-upon percentage of the total compensation they recover for you. If they do not win your case, you owe them nothing. This arrangement ensures that every family has access to high-quality legal representation, regardless of their financial situation.
Legal Advocacy and Support
Beyond legal skill, a great wrongful death lawyer provides unwavering support and advocacy. They act as your family’s voice, handling all communications with insurance companies, bill collectors, and opposing counsel. This protects you from the stress of these interactions and prevents insurance adjusters from taking advantage of you during a vulnerable time. Your attorney should be a compassionate partner, keeping you informed at every stage, answering your questions, and ensuring your family’s needs are always the top priority. They fight tirelessly not just for a settlement, but for justice and a sense of closure for your family.
Specialized Areas in Milwaukee Wrongful Death Cases
Wrongful death can occur under a wide variety of circumstances, each requiring a specific set of knowledge and investigative skills. An experienced law firm will have a deep understanding of these different areas and the unique challenges they present.
Defective Medical Devices
A faulty medical implant, a malfunctioning diagnostic machine, or a defective surgical tool can have fatal consequences. Proving these cases requires a deep understanding of medical technology and product liability law. Our firm has the resources to challenge large medical device manufacturers, as detailed by our product liability attorneys.
Motor Vehicle Accidents
Tragically, many wrongful deaths occur on Milwaukee’s roads. These cases can involve cars, trucks, or motorcycles and are often caused by distracted driving, speeding, or intoxication. Our car accident lawyers are adept at reconstructing accidents to prove fault.
Truck Accident
Accidents involving large commercial trucks are particularly devastating and complex. Liability can extend beyond the driver to the trucking company, cargo loader, or vehicle manufacturer. Our dedicated truck accident lawyers know how to navigate federal trucking regulations to build a strong case.
Motorcycle Accident
Motorcyclists are vulnerable on the road, and accidents often result in catastrophic injuries or death. Our motorcycle accident lawyers work to overcome common biases against riders and ensure the facts of the case are presented clearly to secure justice.
Boat Accident
Wisconsin’s many lakes and rivers are popular for recreation, but negligence on the water can lead to tragedy. Wrongful death claims from boating accidents can involve operator error, intoxication, or equipment failure. Our boat accident lawyers have the expertise to handle these unique cases.
Premises Liability
Property owners have a duty to keep their premises reasonably safe. A wrongful death can occur from a slip and fall on an icy sidewalk, a building fire due to code violations, or drowning in an unsecured pool. Our premises liability lawyers can hold negligent property owners accountable.
Criminal Acts and Negligent Security
When a death occurs during a criminal act, like a robbery or assault, on someone else’s property, the property owner may be liable if they failed to provide adequate security. These cases often arise at apartment complexes, parking garages, or hotels where lighting, locks, or security personnel were insufficient.
Milwaukee Wrongful Death Attorney
Murphy & Prachthauser has a proven track record of success handling wrongful death cases for families in Milwaukee. With years of experience representing clients during their most difficult times, our attorneys are dedicated to fighting for your rights and securing the justice and financial stability your family deserves.
We understand that navigating the legal system after a tragic loss can feel overwhelming and unbearable. Our team is committed to providing compassionate, personalized support throughout the entire legal process. We will manage every complex detail—from investigating the cause of death to calculating your family’s full losses—allowing you to focus on healing.