Do I Have a Wrongful Death Case?

If you lost someone you love in any type of unexpected accident, we at Studinski Law, LLC extend our deepest condolences. Losing a family member is one of the hardest experiences for anyone. It may seem too soon to think about filing a wrongful death case, but understanding your legal rights can be important for your peace of mind and your family’s future.

From car and truck accidents to nursing home abuse and beyond, there are many examples of negligence that can lead to someone’s death. Our Wisconsin wrongful death lawyers not only help families pursue legal action, but try to achieve justice for the deceased and closure for those left behind.

The first step is to determine whether you have a viable claim. During your FREE consultation, our attorneys will review the circumstances of your loved one’s death and advise you of any potential legal recourse. We know that this can be an emotional subject, but our team provides the care and support you need.

If you have questions about filing a wrongful death case, call Studinski Law, LLC at (715) 343-2850 today. We serve clients throughout Wisconsin from offices in Plover and Marshfield.

3 Key Questions for Deciding Whether to Talk to a Wrongful Death Lawyer

To determine whether it makes sense to talk to a wrongful death lawyer, you need to answer three key questions. If your answer to each of these questions is “Yes” (or “Maybe” or “I don’t know”), you should schedule a free consultation promptly:

1. Was Your Loved One Killed in a Fatal Accident?

Surviving family members generally have the right to bring legal action if a loved one dies due to the negligence or wrongful act of another. Wisconsin’s wrongful death laws cover all types of fatal accidents, including:

• Truck accidents
• Car accidents
• Motorcycle accidents
• Other motor vehicle accidents
• Accidents in nursing homes and other long-term care facilities
• Boating accidents
• Pedestrian and bicycle accidents
• Premises-related accidents (including swimming pool accidents)
• Certain Workplace accidents

If your loved one was tragically killed in any type of fatal accident, you may have grounds to file a wrongful death claim. Negligent drivers, employers, nursing homes, property owners, and numerous other parties may be held liable for fatal accidents that could (and should) have been prevented.

2. Do You Have Reason to Suspect That Someone Else May Be Responsible?

Filing a wrongful death case requires proof that someone else is legally responsible for your loved one’s death. A wrongful death attorney can gather the necessary evidence on your behalf; even if you don’t know for certain that negligence was a factor before seeking legal counsel.

Many of our cases start with a simple suspicion on the part of a surviving loved one. It is then our job to investigate and determine if you have a viable case.

3. Has It Been Less Than 3 Years Since Your Loved One’s Death (or 2 Years in the Case of an Auto Accident)?

Wrongful death claims are subject to strict deadlines established by the Wisconsin Statutes. Known as the statute of limitations, the time limits for a wrongful death case are: 

• 3 years from the date of death in most cases
• 2 years in cases involving fatal auto accidents

If your family has a wrongful death case, it is imperative to take legal action before the applicable statute of limitations expires.

How a Wrongful Death Lawyer Will Evaluate Your Family’s Legal Rights

If it appears that your family may have grounds to pursue a wrongful death case, a skilled lawyer will take additional steps to determine whether legal action is warranted. These steps include (but are not limited to):

• Conducting a Comprehensive Investigation: It is important for your attorney to conduct a comprehensive investigation and preserve all available evidence as soon after your loved one’s death as possible.
• Determining What Sources of Financial Recovery Are Available: Based on the evidence gathered, your lawyer will determine what legal avenues are available. You may have one or more claims.
• Calculating How Much Your Family Deserves: The compensation you and your loved ones deserve depends on the damages you have sustained to date, as well as any losses you are likely to face in the future. Every family’s circumstances are different, and your case needs to reflect the totality of what you’ve lost.
• Evaluating Any Potential Allegations of Partial Fault: Insurance companies may try to blame the decedent for causing the accident. Partial fault can limit the compensation available to you and your loved ones. Our attorneys are prepared to deal with these allegations and fight for a just outcome.
• Evaluating the Overall Likelihood of Success: Taking all relevant factors into account, an experienced lawyer will evaluate the overall likelihood of success should your family decide to move forward with pursuing a wrongful death case.

Get Help with Your Wrongful Death Case Today

Have you lost somebody you love through the fault of someone else? Studinski Law, LLC can get to the bottom of the matter, hold all defendants accountable, and pursue the full compensation you and yours deserve.

It costs nothing to ensure that you are making informed decisions. For a FREE case evaluation, call (715) 343-2850 today. Our wrongful death lawyers serve clients in Plover, Marshfield, Stevens Point, and other areas of Wisconsin.