Wrongful Death Lawyer | Legal Help for Death Claims

Wrongful Death

Legal Guidance for Wrongful Death Cases

When a loved one passes away due to the negligence, recklessness, or criminal actions of another, surviving family members and persons of interest may be able to seek compensation and solace through a wrongful death lawsuit. At Casey Law Offices, our entire team is committed to being the legal representation and moral support families need when taking on such a complex case.

Not only do we want to find justice for your lost loved one, but we also want to give you the ability and opportunity to overcome any grief you may be experiencing. At Casey Law Offices, S.C., we specialize in a wide variety of personal injury claims. Our dedicated attorney, John P. Casey, is ready to assist you with your case.

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Why Choose Our Wrongful Death Team?

  • Extensive Experience: With over 30 years of legal and trial experience, our team is well-equipped to handle your case.
  • Top-Rated Skills: Our lead attorney has a 10.0 “Superb” Avvo rating for skill and professionalism.
  • Recognized Excellence: Named as Top 100 Trial Lawyer by The National Trial Lawyers.
  • Contingency Fees: No payment is required unless you win your case.

Essential Elements for Filing a Wrongful Death Claim

To file a claim, the following elements must be present. A valid wrongful death claim must be able to show that:

  • A death resulted from the accident: The claim must prove that the death directly resulted from the accident or incident in question. This could involve gathering medical records, accident reports, and witness testimonies to establish a clear link between the incident and the fatality.
  • The fatal accident was caused by the negligence of another individual or company: It must be demonstrated that the death was caused by someone else’s negligence or reckless actions. This could include scenarios such as medical malpractice, car accidents, defective products, or unsafe working conditions. Evidence must show that the responsible party failed to act with reasonable care, leading to the fatal incident.
  • The surviving family members are suffering losses due to the death: The claim should illustrate how the death has caused significant emotional and financial suffering to the surviving family members. This includes loss of companionship, emotional distress, and the financial burden of lost income, medical bills, and funeral expenses.
  • The deceased person’s estate must have a personal representative appointed: A personal representative, often an executor or administrator of the deceased’s estate, must be officially appointed to file the wrongful death claim. This representative will act on behalf of the estate and surviving family members throughout the legal process.

We encourage you to speak with an attorney to learn more about filing a claim, what evidence is required, and how to handle claims with insurers. At Casey Law Offices, we are always here as a resource to help surviving families navigate this difficult time. Our experienced team can provide guidance, support, and representation to ensure your rights are protected and justice is served.

Who Can File a Wrongful Death Claim in Wisconsin?

Simply knowing the deceased is not enough grounds for filing a wrongful death claim. Wisconsin will only allow certain interested and related parties to file the claim within three years of the decedent’s passing.

The people who can file a wrongful death claim are:

  • Representative of the decedent’s estate
  • Spouse or domestic partner
  • Child
  • Parent or guardian

Coordination Among Eligible Parties

Once one party decides to file a wrongful death claim, other eligible parties are typically barred from filing separate claims. Therefore, it is often suggested that all parties who have the right to file work together with a single personal injury attorney. This collaboration ensures that the claim is presented cohesively and avoids potential legal conflicts or delays.

Distribution of Compensation

If a wrongful death claim is successful and monetary compensation is awarded, any dependents of the decedent will be given a portion of the verdict amount, up to 50%, even if they did not file the lawsuit or participate in it. This ensures that those who were financially dependent on the deceased receive support.

What Damages Can Be Recovered in Wrongful Death Cases?

In a wrongful death claim, you will typically pursue damages unique to that type of case. Talk to your personal injury lawyer to fully understand what you can win. While our injury attorney understands that no amount of money can bring back your loved one, it can help you feel more confident in your future’s stability and find some closure.

You may be able to receive monetary compensation for:

  • Final medical expenses and bills
  • Cost for funeral and burial expenses
  • Decedent’s lost income
  • Loss of companionship

Understanding Compensation Limits and Legal Options in Wisconsin Wrongful Death Cases

In terms of lost companionship, a surviving loved one may seek up to $350,000 for an adult decedent and $500,000 for a minor who passes away on noneconomic damages. These values are stated in the law as part of the state’s tort reform, which limits the non-quantifiable damages that can be recovered, such as pain and suffering.

Additionally, the personal representative of the decedent’s estate can cite pain and suffering in a survivorship claim; such claims are not limited by any Wisconsin statutes. If criminal wrongdoing was involved in the decedent’s death, a wrongful death claim can also seek punitive damages, but this often requires the accused to be convicted first.

Why Trust Casey Law Offices?

Our team at Casey Law Offices brings focused expertise and client-centered care to every case. We prioritize your needs, ensuring you receive the skilled and knowledgeable representation necessary to navigate this challenging time.

No Fee Unless We Win

We operate on a contingency fee basis, meaning you pay nothing unless we recover funds on your behalf. This approach allows you to pursue justice without the stress of upfront legal fees.

Schedule a Free Consultation Today

Out of all the legal challenges you may face, few are more stressful than a wrongful death case. Let our experienced team handle your case with professionalism and compassion. Contact Casey Law Offices today at (414) 272-5564 or fill out our online contact form to schedule your free consultation. Let us help you secure the compensation needed to support your recovery and improve your quality of life.

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