Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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Losing a loved one to someone else’s careless or reckless actions is among the most devastating experiences a family can face. In those moments, grief is overwhelming, and the legal process can feel impossibly complex. Surviving family members have the right to pursue compensation for the losses they have suffered, but navigating a wrongful death claim while managing the weight of loss requires experienced legal guidance. Families in the Waunakee area deserve attorneys who will treat their cases with the seriousness, compassion, and dedication they require.
At Pemberton Personal Injury Law Firm, we understand that no legal outcome can undo what has happened to your family. What we can do is stand in your corner, carry the burden of the legal process with you, and fight aggressively for the full compensation your family deserves. We serve clients throughout the Waunakee area as part of our broader commitment to representing injured and grieving families across Wisconsin. Our attorneys prepare every case as if it is going to trial, and we never settle for what is easy when more is within reach.
A wrongful death claim is a civil legal action brought on behalf of a deceased person’s surviving family members when that person’s death was caused by the negligent, reckless, or intentional conduct of another party. Unlike criminal charges, which are pursued by the government, a wrongful death claim is filed by the family and seeks monetary compensation for the losses they have endured. Wisconsin’s wrongful death statute, found under Wis. Stat. § 895.04, outlines who may file a claim and what damages may be recovered.
Wrongful deaths in Wisconsin arise from a wide range of circumstances, including car and truck accidents, motorcycle collisions, slip and fall incidents, medical malpractice, workplace accidents, and product defects. According to the CDC’s National Center for Health Statistics, unintentional injuries are among the leading causes of death in the United States, and many of those deaths involve circumstances in which another party bears legal responsibility. Identifying that responsibility and proving it in a legal claim requires a thorough investigation and an attorney who knows how to build a compelling case.
Wisconsin law specifies which family members have the right to file a wrongful death claim. In Wisconsin, the claim may be brought by the personal representative of the deceased person’s estate or by the individual entitled to recover damages. In most cases, this includes a surviving spouse, domestic partner, children, or other close family members, depending on the specific circumstances. Understanding exactly who can file and in what order is an important first step in the legal process.
Our attorneys will help your family determine eligibility and guide you through each step of the filing process. We have helped many Wisconsin families understand how to prove wrongful death and meet the legal standards required for a successful claim.
Families who pursue a wrongful death claim in Wisconsin may be entitled to recover a range of economic and non-economic damages. These damages are intended to compensate for both the financial and the deeply personal losses that follow a loved one’s death. The types of compensation available may include medical expenses incurred prior to death, funeral and burial costs, lost income and future financial support, and the loss of society and companionship.
In addition to financial losses, Wisconsin law allows a surviving spouse, children, and certain other family members to recover damages for loss of society and companionship. The value of a wrongful death claim depends on the specific facts of the case, the types of damages available, and any statutory limits under Wisconsin law, which is why it is critical to work with an attorney who understands how to properly evaluate and pursue these claims. To understand what compensation your family may be entitled to, reviewing our case results can give you a sense of what we have achieved for clients in similar situations.
Families considering a wrongful death claim in Wisconsin should be aware that timing matters. The deadline to file a wrongful death lawsuit in Wisconsin depends on the type of case. While many claims must be filed within three years of the date of death, cases involving motor vehicle accidents may have a shorter two-year deadline, and claims involving medical negligence may be subject to different timing rules. There are important exceptions and nuances that can affect the applicable deadline, which is why it is critical to speak with an attorney as soon as possible rather than assuming you know how much time you have.
Acting promptly is always in your family’s best interest. Evidence can deteriorate, witnesses’ memories fade, and key documentation can become harder to obtain as time passes. Our blog post on the wrongful death statute of limitations provides additional context on these time restrictions. If a family member was killed in a car accident, we also have specific guidance on filing a wrongful death claim after a car accident that may apply to your situation.
At Pemberton Personal Injury Law Firm, we believe that every family deserves focused, compassionate representation from attorneys who are fully invested in the outcome of their case. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. We prepare every case as if it is going to trial, and we will not back down from insurance companies or responsible parties who resist accountability.
If your family is dealing with the tragic loss of a loved one due to someone else’s negligence, we are ready to help you take the next step. Contact us today to schedule a free case evaluation with our Waunakee wrongful death legal team. You do not have to face this process alone, and we are committed to standing in your corner every step of the way.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$33M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”