What Is a Wrongful Death Lawyer? | Studinski Law, LLC
December 20, 2021

What Qualifies as Wrongful Death?

When someone perishes because of the negligence or wrongdoing of someone else, the family of the deceased deserves justice for its immeasurable loss. In Wisconsin, a wrongful death lawsuit can be filed in cases where a person died due to the “wrongful act” of someone else. 

Wrongful death claims are civil suits that provide surviving family members of the deceased an opportunity to seek compensation from the person or business entity who they believe caused their loved one’s death. Damages in these cases may include funeral and burial costs, lost companionship, lost wages, and more. 

At Studinski Law, LLC, our accomplished wrongful death lawyers know what a difficult experience this can be for surviving family members. We are dedicated to helping our clients statewide seek the justice they deserve, with dignity and compassion.

Elements of a Wrongful Death Lawsuit

Successful wrongful death lawsuits must prove four primary elements:

  • The responsible party acted (or failed to act) in a reasonable and prudent manner
  • These careless or malicious actions injured your loved one
  • Your loved one died as a result of this injury
  • The death of your loved one has caused your family to suffer financial losses and other damages

The skilled wrongful death attorneys at Studinski Law, LLC will thoroughly investigate the facts in your case to determine the cause of your loved one’s death. We will work to demonstrate that the at-fault party’s negligence caused the death of your family member and that you and your family are entitled to compensation.

Examples of Wrongful Death Accidents

A wrongful death typically happens suddenly and without notice. Your loved one may have been going about their day normally when someone else’s negligent behavior caused tragedy.

Common causes of wrongful death include:

Regardless of the type of accident that caused your loved one’s death or the damages you suffered as a result, you have the right to be compensated for your losses. Our wrongful death attorneys are familiar with Wisconsin law, and we will fight diligently on your behalf to recover the maximum compensation to which you are rightfully entitled.

Proving Fault in a Wrongful Death Accident

Successful wrongful death claims hinge on your attorney’s ability to prove fault on the part of the negligent party. Once you have retained a wrongful death lawyer, your attorney will use several sources to help establish liability in your claim, including:

  • Medical records
  • Police reports
  • Witness testimony and outside experts
  • Pictures and video from the accident scene
  • Forensic evidence
  • Accident reconstructions
  • Cell phone data

Proving fault in a wrongful death case can be difficult. You need a legal team on your side with the knowledge, skill, and resources necessary to conduct a meticulous investigation and prepare a compelling case on your behalf. At Studinski Law, LLC, we have built a reputation for excellence in these complex cases and we will put our experience to work for you.

What Is a Survival Action?

A survival action is a lawsuit in which the loved ones of a recently deceased person pursue 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 close family members sue for damages that they are owed after the loss of a loved one. 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 pursue a 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 a variety of damages, such as:

  • Medical expenses
  • Wage loss
  • Pain and suffering
  • Emotional distress and mental anguish
  • Property damage
  • Punitive damages

Contact a Wrongful Death Attorney In Wisconsin Today

Wrongful death lawsuits must be filed within the time limits defined in the statute of limitations for the state where the person died. In Wisconsin, the statute of limitations for wrongful death is generally three years from when the injury that caused the death occurred. 

Wisconsin wrongful death claims can be filed by the deceased’s spouse or domestic partner, children, or surviving parents or guardians.

At Studinski Law, LLC, our wrongful death attorneys understand what a challenging time this is for you and your family. We can take the additional strain out of a legal action by dealing with the insurance company and responsible parties on your behalf. 

Our compassionate lawyers will listen to your concerns and give you honest feedback about your rights and legal options. We will work closely with you to develop a strategy based on your unique needs.

See our results.

If you’ve lost a family member because of another person’s negligence, call Studinski Law, LLC today at (715) 343-2850 for a free, no-obligation consultation. We have offices in Plover and Marshfield and serve the entire state of Wisconsin.

Jason Studinski Injury Attorney
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