Few situations are as challenging as the unexpected loss of a loved one because of an accident. Medical bills related to the accident may be piling up. You and your family members must plan your loved one’s funeral and burial, which can also be expensive. If you relied on your relative’s income, you are likely facing mounting expenses without the help of their wages. Beyond the practical and financial difficulties, you are still grieving.

While a Wisconsin Rapids wrongful death attorney from Studinski Law, LLC cannot reverse the situation, we can guide you seeking justice for your loved one and obtaining the compensation you need to move forward. If you have a wrongful death claim and wish to move forward, then we will guide you through the legal and insurance claims processes and fight hard for your right to compensation.

To schedule a free, initial case evaluation, contact a Wisconsin Rapids personal injury attorney from our firm today at (715) 343-2850.

What is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that a decedent’s relatives or estate brings against the individual that caused the decedent’s death. By filing this lawsuit, you allege that the individual’s carelessness, recklessness, or intentional misconduct caused your loved one’s passing. By filing a lawsuit, you are beginning to hold the negligent individual responsible while you pursue compensation. If you believe your loved one was killed in an accident because of another person’s negligence, call our Wisconsin Rapids wrongful death attorneys as soon as possible.

Common Types of Wrongful Death Claims

Wrongful death claims can arise from any type of accident or conduct. At Studinski Law, LLC, we have handled wrongful death cases arising from:

No matter the type of accident that caused your loved one’s death, if you believe someone else is at fault, contact one a Wisconsin Rapids wrongful death attorney right away.

Wisconsin’s Wrongful Death Law

Wisconsin Statute Section 895.04 outlines who can bring a wrongful death claim and when. This type of lawsuit can be filed either by a close family member, or by the personal representative of the decedent’s estate. If you are the spouse, parent, or adult child of an individual who passed away in an accident, you may have the right to file a wrongful death claim and pursue compensation. You should speak with a Wisconsin Rapids wrongful death lawyer about this option. If the decedent left behind no relatives, or if there are many relatives who wish to pursue an action, the personal representative may file suit on behalf of the estate or your family. It is possible for the family and personal representative to file separate wrongful death actions. However, if either party files a motion to consolidate the cases, then the court shall do so.

Recovering Wrongful Death Damages

If you lost a loved one due to another person’s negligence, call us right away to discuss your right to pursue a wrongful death lawsuit and the damages you may be entitled to. In most situations, you will have suffered financially due to your loss. The accident may have resulted in medical expenses. You or another family member may have been responsible for arranging your loved one’s funeral and burial. If you lost your parent or spouse, or a family member you were financially dependent on, you may face a devastating lack of income. You have the right to pursue compensation for these financial damages.

You also have the right to pursue compensation for your emotional injuries, including your grief, suffering, and loss of society and companionship. However, Wisconsin does limit compensation for loss of society and companionship to $500,000 for a deceased minor, and $350,000 for a deceased adult.

Wisconsin’s Wrongful Death Statute of Limitations

If your loved one died in a car accident that was another person’s fault, then you typically have up to two years to file a wrongful death lawsuit. If someone you loved passed away due to another type of accident, you have up to three years to file suit. If you believe your loved one’s passing was another person’s fault, you need to speak with a Wisconsin Rapids wrongful death attorney right away. You may have a two or three-year statute of limitations, beginning on the day your loved one died, but that does not mean you should wait a significant period of time before talking to a lawyer. The sooner you acquire legal representation, the sooner your lawyer can conduct an in-depth investigation into the matter and gather evidence.

The statute of limitations is like a clock. It typically begins to run the day your loved one’s death occurred, particularly when that is the same day as the accident. However, if your loved one died days or weeks after an accident, it can be challenging to determine when the clock started, and when it will run out. This is why it is important to speak with a lawyer right away. Additionally, the date the statute of limitations begins can change if you were not aware of your right to file a lawsuit when your loved one died. If it reasonably took you days, weeks, or months to uncover your right to sue, then the start of the clock may have been delayed.

Wisconsin Survival Actions

A survival action claim is not the same as a wrongful death claim. A survival action is a lawsuit in which you or your relatives fight for the compensation your loved one would have been entitled to before their death. The damages are related to your loved one’s injuries – not your own injuries. In most situations, your loved one’s estate would move forward with a survival action. A wrongful death lawsuit is brought by you, your relatives, or the personal representative to pursue compensation for the survivors’ injuries. It is about the financial and psychological harm the accident and resulting death caused you and other family members.

Another difference between survival actions and wrongful death claims is that survival actions allow punitive damages. These are not meant to compensate anyone. Instead, punitive damages are intended to punish the defendant.

If you have questions regarding a survival action after the loss of a loved one, contact a Wisconsin Rapids wrongful death lawyer right away.

Contact a Wisconsin Rapids Wrongful Death Attorney from Studinski Law, LLC Today

It is challenging to know when you have the right to file a wrongful death lawsuit or not. How do you know what caused the accident? How do you know if the other person was negligent? The answers to these questions may be obvious. Maybe a drunk driver ran a red light and collided with your loved one’s car. On the other hand, the answers to your questions may be difficult to ascertain until we conduct an in-depth investigation.

By retaining the help of a Wisconsin Rapids wrongful death attorney at Studinski Law, LLC, you gain an experienced and skilled legal professional who will gather and analyze evidence and inform you of your legal options. If you wish for us to move forward with a wrongful death claim, we will be aggressive in fighting for a fair settlement or verdict.

Contact us today at (715) 343-2850, or through our online form to schedule an appointment.

Jason Studinski Injury Attorney
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