Madison Wrongful Death Lawyers: When A Loved One Is Lost In A Fatal Accident
Any accident that happens because of someone else’s negligence or wrongdoing is frustrating. But when a fatal accident results in the death and loss of a loved one, it is beyond catastrophic and tragic. We know and understand that no one should ever have to need a wrongful death lawyer. But if you do, our compassionate attorneys at Kasieta Legal Group, LLC, in Madison can help you start to put the pieces of your life back together again after your loss by at least trying to get compensation for your damages and loss.
Filing For A Wrongful Death Lawsuit In Wisconsin
In the state of Wisconsin, the personal representative of the decedent’s estate or a family member can file a lawsuit for the wrongful death of a loved one. Wrongful death is defined as a fatality that is caused by someone else’s negligent or wrongful actions. There is a three-year statute of limitations and deadline for filing a wrongful death in Wisconsin. However, if the wrongful death action is based on an accident involving an automobile accident, the lawsuit must be filed within two years of the date of the accident.
Damages In A Wrongful Death Claim
In a wrongful death lawsuit, a plaintiff is allowed to seek damages on behalf of their loved one when they have lost their life in a fatal accident. Damages that you are allowed to pursue include:
- Medical expenses
- Funeral expenses
- Conscious pain and suffering
- Loss of financial contributions
- Loss of consortium and companionship
An accident victim who died in an accident can’t file a personal injury claim, but our personal injury attorneys at Kasieta Legal Group, LLC, can help loved ones to bring an action on their behalf. No amount of compensation can ever make up for the loss, but our team can hold wrongdoers accountable and fight for you to get the compensation the system permits.
Frequently Asked Wrongful Death Questions
Below are some of the most common questions that clients have when they are beginning to consider a wrongful death claim. You can come and speak with us if you have additional questions.
What are some common mistakes people make when filing a claim?
One of the most common mistakes people make is waiting too long before contacting an attorney to file a claim, as the statute of limitations in most cases is only three years from the death of the individual. Another mistake that people can make is not preserving important documents or evidence in their possession, as this can become necessary at trial for their case. Lastly, it is important for people to know that they have the right to file a claim. Surviving spouses, children, parents and even siblings, in some cases, can be eligible to file a wrongful death claim.
What should I know about the investigative process?
Investigating a wrongful death claim can take a long time. Especially if the decedent spent time in the hospital, a large amount of medical evidence may need to be sorted through. Additionally, your lawyer will need to do extensive depositions with the people who treated the decedent, as well as the surviving family members. The more thoroughly we can prepare a claim, the better prepared we will be for trial and seeking compensation for your loss.
Is it worth filing a wrongful death claim?
Yes, filing a wrongful death claim is definitely worth considering. You may be able to get compensation to help you pay for funeral expenses, along with other monetary and non-monetary damages that you have suffered as a result of your loss. Wrongful death claims are subject to damage caps for noneconomic damages, which are set at $750,000 for the claim. However, direct monetary damages such as medical expenses, lost wages, and other costs incurred as a direct result of the loss can also be claimed without a cap.
Call Us Now For An Assessment Of Your Potential Claim
Tell us about your situation by calling us at 608-291-9650. We will give you an assessment of the strengths and weaknesses of your potential claim. You can also reach us by using our online form. If we can help you, a Madison wrongful death attorney will get back to you promptly.