Losing a close family member is never an easy thing to accept, especially after a fully preventable loss.
When a reckless, careless, or intoxicated driver causes a fatal car accident, certain surviving family members may have the right to pursue a wrongful death claim or lawsuit. Understanding what that process looks like — and how an attorney can help — can make a difficult time a little more manageable.
Key Takeaways:
- Eligible family members, such as spouses, children, or parents, may file a wrongful death claim after a fatal car accident.
- Common causes include distracted driving, speeding, reckless behavior, and driving under the influence.
- Promptly contact a wrongful death attorney to handle legal filings, insurance negotiations, and potential litigation.
- Recoverable damages may include funeral costs, lost income, pre-death pain and suffering, and loss of companionship.
- Attorneys can gather evidence, negotiate fair settlements, and, if necessary, pursue a court trial to maximize compensation.
If your family is facing this situation, Pemberton Personal Injury Law Firm is here to help. Our Wisconsin wrongful death attorneys will handle the legal process so you can focus on your family.
Who Can File a Wrongful Death Claim in Wisconsin?
Several categories of surviving family members may be eligible to bring a wrongful death claim or lawsuit, depending on where the fatal car accident occurred and the specific circumstances of the case.
Common examples of individuals who can file include a surviving spouse, children, parents, siblings, and more distant relatives if no closer surviving family members are alive.
In some jurisdictions, a court must first appoint a personal representative of the deceased individual’s estate before a wrongful death claim can be filed. Once an estate is opened, the personal representative can file the appropriate claim or lawsuit seeking monetary recovery.
Your attorney can determine your eligibility, take the necessary steps to move your case forward, and begin negotiating with the at-fault driver’s insurance company on your behalf. Learn more about what qualifies as a wrongful death under Wisconsin law.
What Types of Car Accidents Lead to Wrongful Death Claims?
When motorists drive carelessly and recklessly, they may cause accidents that result in one or more fatalities. Some of the most common types of car accidents arising from driver negligence that may lead to a wrongful death action include:
- Head-on collisions, where the front of one vehicle hits the front of another, often occurring when the at-fault driver is inattentive or under the influence of alcohol or drugs.
- Broadside or T-bone collisions, typically happening at intersections when a driver runs a red light or stop sign and fails to yield to an oncoming vehicle.
- Rollover accidents, where a driver travels too fast around a sharp curve or fails to account for traffic and weather conditions.
- Pedestrian accidents, where a driver fails to lawfully yield the right-of-way to a pedestrian in a crosswalk, parking lot, or parking garage.
If someone you love recently suffered fatal injuries in a car accident, involve a wrongful death attorney as quickly as possible. If liability is disputed, your attorney can retain an accident reconstructionist to visit the scene, gather forensic evidence, review police reports, and speak with witnesses — then prepare a report and, if needed, testify about how the accident occurred and who was responsible.
What Causes Fatal Car Accidents in Wisconsin?
Fatal car accidents frequently occur when drivers deviate from the standard of care by violating traffic laws. A motorist may negligently cause a fatal collision by speeding, failing to yield the right of way, or disregarding other common traffic laws.
A motorist engaging in road rage or reckless driving may aggressively tailgate other vehicles, attempt dangerous passes, or fail to use turn signals, resulting in serious accidents. Similarly, a driver not watching the road carefully — such as when pulling out of a parking space — may strike a pedestrian without warning.
Distracted driving is one of the most common causes of fatal accidents. Some of the most frequent examples include:
- Combing hair while driving
- Applying make-up
- Eating and drinking while driving
- Texting on a phone or tablet
- Programming a GPS navigation system
- Adjusting the car stereo
- Roughhousing with passengers
- Disciplining young children in the vehicle
These distractions cause drivers to lose mental focus or take their eyes off the road, preventing them from seeing an approaching vehicle or pedestrian in time to avoid a collision.
Finally, many fatal crashes involve legally intoxicated drivers. In Wisconsin, a driver who is 21 or older is generally considered legally intoxicated at a blood alcohol concentration (BAC) of 0.08 percent or higher. Alcohol and drugs can severely impair a driver’s perception, concentration, reaction time, and coordination — leading to blurred vision, poor judgment, and delayed reflexes that can result in a fatal crash.
If you recently lost a loved one because of another driver’s careless or reckless actions, contact a wrongful death attorney as soon as you possibly can. Your attorney can handle the legal components of your case while you and your family take time to grieve.
How Can a Wrongful Death Attorney Help Your Family?
A wrongful death lawyer can meet with you to assess your eligibility for pursuing compensation through a claim or lawsuit. Your attorney will file the appropriate claim on your behalf and negotiate with insurance company representatives for the full and fair compensation your family deserves.
If the insurance company doesn’t offer adequate compensation, your attorney can pursue wrongful death litigation through the court system and handle every step of the process for you.
Even in a wrongful death claim, the at-fault driver’s insurance company is not on your side. They will do everything they can to minimize their financial exposure. Your attorney will aggressively advocate for your legal interests and work to maximize the compensation you and other surviving family members receive.
Wondering how fault is established in these cases? Read more about how to prove a wrongful death claim in Wisconsin.
What Damages Can You Recover in a Wrongful Death Claim?
As part of a wrongful death claim or lawsuit, the person bringing the claim may be eligible to recover monetary damages. The specific types available will depend on the jurisdiction where the accident happened and whether any caps apply to damage amounts.
- Burial and funeral costs, along with other out-of-pocket expenses related to the loved one’s untimely death.
- Loss of future income, if surviving family members depended on the deceased for financial support.
- Pre-death pain and suffering and related medical expenses incurred between the fatal accident and the time of passing (in applicable jurisdictions).
- Loss of companionship, comfort, guidance, counsel, and care that the deceased would have provided.
Because every case is different, not all wrongful death claimants will recover the same damages. Your attorney can review the circumstances of your specific case and provide an estimate of the likely value, whether through a favorable settlement or a successful outcome in the Wisconsin court system.
How Does the Wrongful Death Claims Process Work?
Your wrongful death attorney will file a claim with the at-fault driver’s insurance company and submit supporting documentation: police reports, funeral expense records, medical treatment records, medical bills, any available video footage of the accident, witness statements, and a copy of the death certificate.
If the insurance company accepts fault, settlement negotiations will begin. Your attorney will demand a specific amount within the limits of the available insurance coverage, and the adjuster will typically respond with an initial offer — which is almost always far below the true value of the claim.
Your attorney will zealously represent your interests during negotiations and push for the full compensation your family deserves. If a fair settlement cannot be reached, your lawyer may file a wrongful death lawsuit and resolve your case through litigation, mediation, binding arbitration, or, if necessary, a civil jury trial.
Throughout the entire process, your attorney will keep you informed and help you make sound decisions — including advising you on whether a particular settlement offer is worth accepting or whether proceeding to trial may yield better results.
Contact a Wisconsin Wrongful Death Attorney at Pemberton Personal Injury Law Firm
Losing a loved one to a fatal car accident is one of the most devastating experiences a family can endure. You shouldn’t have to navigate the legal system alone while grieving.
Pemberton Personal Injury Law Firm is here to take on that burden for you. Our team will handle every aspect of your wrongful death claim — from filing and evidence gathering to insurance negotiations and, if needed, trial — so your family can focus on healing.
Call us at (608) 448-6242 or fill out our online contact form to schedule a free, no-obligation consultation. We serve families throughout Wisconsin from our offices in Baraboo, Madison, and Eau Claire.
