Madison Wrongful Death Lawyers
The death of our loved ones is never easy. It can be especially painful if you suspect their death resulted from negligence or intentional acts by another party. “Wrongful Death” in Wisconsin is a death resulting in the negligence or default of another party’s wrongful or intentional acts.
So, where do you start?
At Pemberton Law, we have a team of experienced Madison wrongful death attorneys who have helped many clients to get the compensation they deserve after a wrongful death. As this is a complex and sensitive area of practice within personal injury law, we understand that you need to be confident of who you entrust your case to. Our lawyers have the knowledge necessary to get the results and compassion that our clients need during this chapter of their lives. We know that no amount of money will bring back your loved one, but it can alleviate some of the financial strain their death has put on your family.
Why Choose Pemberton Law for Your Wrongful Death Claim?
The loss of a loved one due to another’s negligence is a traumatic and life-altering event. At such a painful time, you need attorneys who not only understand the law but also understand your grief and the unique challenges you face. Here’s why Pemberton Personal Injury Law Firm is your ideal choice:
1. Proven Track Record of Success
Pemberton Law has obtained millions of dollars in settlements for its clients. Our successful cases are a testament to our dedication, hard work, and relentless pursuit of justice. We take pride in our achievements but never lose sight of our ultimate goal: getting you the compensation you deserve.
2. Reputation for Excellence
Our success goes beyond numbers. We’re respected in the legal community because insurance companies, medical providers, and courts know us and admire our work. Our reputation precedes us, and it often aids us in negotiating favorable settlements or winning cases at trial.
3. Deep Knowledge of the Judicial System
We leverage our comprehensive understanding of the legal landscape to navigate complex wrongful death cases with finesse. Our lawyers have in-depth knowledge of Wisconsin’s wrongful death statutes, procedural rules, and case law, allowing us to build robust cases.
4. Client-Centered Approach
We make it our priority to get to know our clients and their unique cases. By understanding your needs, expectations, and the intricacies of your situation, we can tailor our representation to best advocate for your rights and interests. Your story matters to us, and we listen.
5. Skilled Negotiators and Litigators
Whether it’s negotiating with insurance companies or arguing your case in court, our lawyers know how to get results. We have the skills to handle complex negotiations, and we’re not afraid to take your case to trial if that’s what it takes to achieve justice.
6. 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. We handle your legal matters with empathy, allowing you to focus on healing and remembering your loved one.
7. No Upfront Costs
We operate on a contingency fee basis, meaning you pay us only if we win your case. This ensures that our interests align with yours and that you can access quality legal representation without financial stress.
What Constitutes a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligence, wrongful act, or default of another person or entity. This legal claim is designed to provide compensation to the surviving family members who have suffered financially and emotionally due to the death. In Wisconsin, a wrongful death claim can be constituted in the following scenarios:
- Negligence: If the death was caused by the carelessness or negligence of another party, such as in a car accident where the other driver was at fault or a workplace incident.
- Intentional Acts: This includes situations where the death was caused intentionally, such as in cases of murder or manslaughter.
- Product Liability: If a defective product led to the death, the manufacturer or distributor may be held responsible.
- Premises Liability: The owner of a property may be held liable if a death occurred due to unsafe conditions on the premises, such as a slip and fall.
- Commercial Entities: Businesses can also be held accountable in wrongful death claims, for example, if an employee’s negligent actions led to a death, or a trucking company’s failure to abide by commercial regulations caused a truck accident.
How a Pemberton Law Attorney Can Help You Prove Negligence
To successfully pursue a wrongful death claim, the plaintiff must prove the following:
- That the defendant had a legal duty to act in a certain way or refrain from certain actions to protect the deceased person.
- That the defendant failed to meet that duty, either by an action or a failure to act — this is known as a breach of duty.
- That the breach of duty caused the death of the loved one.
- That the death resulted in measurable damages, such as financial loss, emotional suffering, and other related costs.
It’s essential to consult with experienced Madison wrongful death attorneys who can guide you through this complex legal process. Our team will diligently evaluate your specific situation, build a compelling case, and seek the compensation you deserve.
What Damages Are Available In A Wrongful Death Case?
There can be some self-explanatory damages involved in wrongful death cases. The costs associated with the injury that resulted in the loss of a loved one are often overlooked. If medical bills are piling up that were incurred before your loved one’s passing due to wrongful death, you shouldn’t have to put your family under financial strain to pay these outstanding medical expenses.
Burial and funeral expenses can also be covered in damages pursued after a wrongful death. Funerals can be significantly expensive, along with cremation or burial costs. Your family has a right to celebrate the life of your loved one and mourn their death without it putting you in financial distress.
A lost inheritance is another less obvious factor that many families overlook. If your loved one was able to continue to work and create or build on their estate and now no longer has the opportunity to do so, this may be added to the total of the damages pursued. You may also be able to recover some of the income that your loved one would’ve earned.
Loss of companionship is another aspect not often thought of. Minor children or spouses are eligible for a significant amount in some cases, as they no longer have the companionship of their spouse or parent.
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. This is extremely important because if you choose to file after the statute of limitations has passed, the courts may deny your claims entirely, regardless of their validity. 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.
Who Can File A Wrongful Death Suit?
Several family members can file a wrongful death suit. The deceased’s spouse or domestic partner, as well as their children or grandchildren, are all able to pursue a wrongful death lawsuit. Parents or grandparents of the deceased, as well as the deceased’s 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, but there may be several family members that can find some peace of mind in filing a wrongful death suit in honor of the deceased.
If the deceased has left behind one or more 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.
Why Hire a Wisconsin Wrongful Death Lawyer?
Losing a loved one is never easy, and we understand that. Any loss can leave a void in our lives, but a wrongful death adds a particular sting that can cause us to want justice for our loved ones. Our team of attorneys has worked with countless clients in the past and their families to ensure that the result of a wrongful death doesn’t leave them in financial distress.
We offer free consultations to those who require assistance from an upstanding and devoted legal team.
Contact our office at 608-448-6242 to confidentially discuss your questions and learn more about your options. You don’t 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.
Pemberton Personal Injury Law Firm
5609 Medical Cir #4
Madison, WI 53719