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Madison Wrongful Death Lawyers
In Wisconsin, the term “Wrongful Death” refers to a death that results from another party’s careless or deliberate wrongdoing. This state provides safeguards for the family members of the deceased. That is where the role of a personal injury attorney becomes crucial.
The loss of a loved one creates a void that cannot be filled with compensation. But payouts from a successful wrongful death claim can support your financial needs and provide a sense of justice as you grieve.

Wisconsin Wrongful Death Statue
In Wisconsin, the statute of limitations for filing a wrongful death lawsuit depends on the circumstances of the case:
General Wrongful Death Claims: These must be commenced within three years after the cause of action accrues.
Wrongful Death Arising from Motor Vehicle Accidents: These must be commenced within two years after the cause of action accrues.
It’s important to note that if the wrongful death is due to medical malpractice, different time limits may apply under Wisconsin Statute 893.55.
How Pemberton Can Make a Difference
To successfully prove a wrongful death claim, the plaintiff must prove the following:
- The defendant had a duty to act in a certain way or refrain from certain actions to protect the deceased person.
- The defendant did not meet that duty. This could be due to an action or a failure to act. Courts also refer to this as a breach of duty.
- The breach of duty caused the death of the loved one.
- The death resulted in measurable damages, such as financial loss, emotional suffering, and other related costs.
A personal injury claim is complex enough when the victim lives through the incident. But when they’ve passed away, other losses incur that loved ones don’t expect.
Our lawyers will evaluate your specific situation, build a compelling case, and pursue the compensation you deserve.
Why Do You Need a Lawyer for a Wrongful Death Case?
The loss of a loved one due to another’s negligence is a traumatic and life-altering event. Wrongful death claims provide compensation so loved ones can grieve without worrying about medical bills or lost income.
Here’s why Pemberton Personal Injury Law Firm is the right choice:
1. No Upfront Costs
Our law firm provides a contingency-fee payment setup. That means our clients don’t pay legal fees unless the attorneys obtain compensation in their case. In other words, this ensures that we share the same interests with our clients, and that we prioritize accordingly.
2. You-Centered Approach
We make it our priority to get to know our clients and their unique cases. By understanding your case needs and expectations, we can tailor our representation to best advocate for your rights. Your story matters to us, and we listen.
3. Proven Track Record of Success
Pemberton has obtained millions of dollars in settlements for our clients. Our successful cases are a testament to our dedication, hard work, and relentless pursuit of justice. We take pride in our achievements, but we never lose sight of our ultimate goal: obtaining your compensation.
4. Reputation for Excellence
Our success goes beyond numbers. The legal community respects us because insurance companies, medical providers, and courts know our success. Our reputation precedes us, and it often aids us in negotiating favorable settlements or winning cases at trial.
5. Deep Knowledge of the Judicial System
We use our deep knowledge of the legal system to handle complex wrongful death cases skillfully. Our personal injury lawyers know the extent of Wisconsin’s wrongful death statutes, procedural rules, and personal jury case law. This allows us to build robust cases.
6. Skilled Negotiators and Litigators
Whether it’s negotiating with insurance companies or arguing your case in court, we know how to get results. We have the skills to manage tough negotiations. We are ready to take your case to trial if needed to get justice.
7. Compassionate Support and Guidance
We recognize that no monetary compensation can replace your loved one. However, we also know that the financial strain after a wrongful death can be overwhelming. Our attorneys handle your legal matters with empathy, allowing you to focus on healing and remembering your loved one.
What Constitutes a Wrongful Death Claim?
Negligence and intentional wrongful acts are at the root of wrongful death cases. In Wisconsin, a wrongful death claim can be constituted in the following scenarios:
- Negligence: If the carelessness or negligence of another party caused the victim’s death. For example, this could include a car accident where the other driver was at fault.
- Intentional Acts: This refers to situations in which a person or party intentionally acted in the victim’s death. That could include cases of murder or manslaughter.
Other examples of these claims include: commercial trucking accidents, pedestrian accidents, hit-and-run incidents, and nursing home abuse.
Who Can File A Wrongful Death Suit?
Several family members can file a wrongful death suit. The deceasedโs spouse or domestic partner, as well as their children or grandchildren, all may pursue a claim.
Parents or grandparents of the deceased, as well as the deceasedโs siblings, are also able to file a wrongful death suit.
The wrongful death of a loved one can have profound effects on the lives of several family members. The financial strain is not expected to be limited to just the immediate family members.
No amount of compensation can bring back your loved one. However, should your claim prove successful, you may find peace of mind in honor of the deceased.
If the deceased has left behind minor children, a spouse, or a domestic partner, a portion of the damages awarded will be set aside for them. This happens regardless of who brought the wrongful death suit.
What Losses Will My Wrongful Death Case Cover?
- Medical bills incurred before your loved oneโs passing can be included in damages to avoid financial strain on your family.
- Burial and funeral costs, which can be expensive, may also be covered in wrongful death claims.
- You may also claim lost inheritance if your loved one’s death disrupted their growing estate.
- You may recover some of the income your loved one would have earned.
- Compensation for loss of companionship is possible, particularly for minor children or spouses.
Is There A Statute Of Limitations On A Wrongful Death Suit In Wisconsin?
You have three years to file a suit in a wrongful death case. If you choose to file after the statute of limitations window, the courts may deny your claim entirely, even if your claim is valid. In some cases, you may only have two years to file a suit if the wrongful death includes a car accident. It is best to consult an experienced attorney and learn about the specifics of your case to file in the allotted time.
Wrongful Death Lawyers Who Put Your Interests First
Losing a loved one is never easy, and we understand that. Any loss can leave a void in our lives. And when the loss is a result of negligence, the apparent injustice can be disheartening. Our team of lawyers has helped thousands of clients and their families seek justice. We work to make sure that a wrongful death does not cause them financial trouble.
We offer free consultations to those who require assistance from an upstanding and devoted personal injury law firm.
Contact our office at 608-400-0451 to confidentially discuss your questions and learn more about your options. You donโt have to go through this tough time alone. You can rely on us to work side by side with you in honor of your lost loved one.
Recent Wins
Car Accident
$1,262,500.00 Settlement
Motorcycle Crash
$1,00,000.00 Settlement
Car Accident
$555,131.12 Settlement

Why Choose Pemberton Personal Injury Law Firm?
Pemberton Personal Injury Law Firm is committed to your guidance and representation during one of the most challenging times in your life. Our goal is to secure full compensation for your losses and make the process as smooth and stress-free as possible.
We are here to answer your questions, address your concerns, and provide the dedicated representation you need to recover and move forward.
Pay us a visit
Madison Office
5609 Medical Cir. Suite 4
Madison, WI 53719
Madison, WI 53719
Experienced, Communicative, Sympathetic
At the core of our representation is our desire to see that clients receive all they need to recover from their injury โ and to recoverย well.ย That starts with compassionate communication as the liaison between the client and the insurance company.
For example, itโs not uncommon for confusingย terminology and jargonย to cause victims to feel lost and give in to the first insurance offer (or sometimes a total denial).
But our personal injury lawyers know what insurance companies are after. They know how to communicate what matters, and to ensure these parties consider all the facts surrounding the case and leave nothing out.

Meet Our Attorneys

William Pemberton
Founder &
Owner

Rhyan J. Lindley
Personal Injury Attorney

Zachary Guerin
Personal Injury Attorney

Jonathan Esp
Personal Injury Attorney

Chris Duren
Litigation
Attorney
Free Case Evaluation from Madison, WI Accident Lawyers
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, weโd 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 attorneysย atย (608) 448-6242ย 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.

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