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When a person dies because of someone else’s negligence, a family in Fitchburg faces grief, funeral costs, lost income, and a legal deadline that has already started. Wisconsin law decides who may bring a claim, how long they have, and what losses can be recovered, and those rules are easy to miss when a family is still in shock.
Pemberton Personal Injury Law Firm helps Fitchburg families pursue answers and fair compensation after a fatal crash or another preventable death. We handle wrongful death claims on a contingency basis, so you pay no attorney fee unless we win. For injuries that were not fatal, see our Fitchburg personal injury lawyers.
Typically, a wrongful death lawsuit must be filed within three years of the date of death under Wis. Stat. § 893.54(1m)(b). If the death came from a motor vehicle accident, the deadline is two years under Wis. Stat. § 893.54(2m).
However, there are important exceptions and nuances that can affect the applicable deadline. A claim against a city, county, or state body generally requires written notice within 120 days under Wis. Stat. § 893.80(1d), and claims tied to medical care may follow different limits under Wisconsin Statute 893.55. You can read Wisconsin Statute 893.54 in full, and our blog explains the wrongful death statute of limitations in more detail. A missed deadline can end a claim for good, so it helps to speak with a lawyer early.
Under Wis. Stat. § 895.04, the claim may be brought by the personal representative of the person who died or by the person to whom the recovery belongs. A personal representative is the person named in a will or appointed by a court to manage the estate.
If the person who died left children under 18, a court must approve a settlement and may set aside up to half of the recovery for them. A family unsure where it fits in this order can ask us during a free case evaluation.
No lawyer can promise a result, and every claim depends on its own facts. Wisconsin law does name the kinds of losses a family may seek.
Wisconsin does not allow punitive damages in a wrongful death claim. Under modified comparative negligence, Wis. Stat. § 895.045, an award is reduced by the share of fault assigned to the person who died, and the claim may be barred if that share is greater than the other party’s.
Fitchburg sits on the south side of the Madison area, and US 18 and US 151 run through the city along Verona Road. The Wisconsin Department of Transportation’s county fatality table lists between 29 and 47 traffic deaths a year in Dane County from 2021 to 2024, the years with final figures. Not every claim starts with a crash, but many do.
Each type of case has its own evidence and its own responsible parties, so the facts need a careful review before anyone decides who to hold accountable.
Under Wis. Stat. § 801.50, a civil lawsuit may be filed in the county where the claim arose or in a county where a defendant lives or does substantial business. Fitchburg is in Dane County, so a death in Fitchburg may be filed in Dane County Circuit Court, which sits at the Dane County Courthouse, 215 S. Hamilton St., Madison. Where a case belongs depends on the facts, and a lawyer can review the options before anything is filed.
A family generally must show that the other party owed a duty of care, breached it, caused the death, and that the death caused measurable losses. Civil cases use a preponderance of the evidence standard, which means it is more likely than not that the claim is true. Our guide on how to prove wrongful death explains each step.
Evidence often includes police and crash reports, medical examiner and medical records, photos, video, witness statements, and employer records. We work to gather it early because it can be lost or changed over time.
A lawyer can take over the legal work so your family has room to grieve. That work includes finding every party that may be responsible, filing the claim on time, dealing with insurance companies, and working out how each loss should be valued. Our Wisconsin wrongful death lawyers page explains how these claims work across the state.
Our nearest office to Fitchburg is in Madison at 5609 Medical Cir, Suite 4, Madison, WI 53719, and we also meet with Fitchburg families by phone, email, or video.
Wrongful death lawsuits in Wisconsin are civil cases heard in circuit court by county. Fitchburg is in Dane County, so a case based on a death in Fitchburg may be filed in Dane County Circuit Court in Madison. The right county depends on where the claim arose and where the defendants live or do business.
No. A claim depends on where the death happened and who is responsible, not on where the family lives. A family in another city or state may still be able to bring a claim, and we work with families by phone, email, or video.
A claim against a government body generally needs written notice within 120 days under Wis. Stat. § 893.80(1d), which is much shorter than the usual deadline. If a government vehicle or a road defect may have played a role, speak with a lawyer as soon as you can.
A family may still be able to, but Wisconsin reduces an award by the share of fault given to the person who died, and the claim may be barred if that share is greater than the other party’s under Wis. Stat. § 895.045. A lawyer can explain how this could apply to the facts.
We handle wrongful death cases on a contingency fee basis, so you pay no upfront fees and no attorney fee unless we win. Our blog explains how much it costs to hire a personal injury lawyer.
Attorneys at our firm have been recognized by Super Lawyers, Martindale-Hubbell, and the National Trial Lawyers, and our team brings many years of combined experience to cases involving serious injury and loss. We prepare every claim with care and keep families informed at each step.
If a family member died because of someone else’s actions, you do not have to sort through the law on your own. Contact Pemberton Personal Injury today for a free case evaluation.
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Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
Losing a family member is hard enough without legal questions on top of it. Our Fitchburg wrongful death lawyers can review what happened, explain your options, and answer your questions at no cost. Call (608) 448-6242 to speak with our team.
$40M+ Won For Our Clients
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.
In this wrongful death case, the client’s loved one was tragically killed while crossing the street as a pedestrian when struck by an inattentive driver. The collision caused fatal injuries, including massive brain hemorrhage and associated fractures.
Medical bills totaled approximately $89,000, and we pursued justice on behalf of the family. While we could have accepted the policy limits earlier, the family wanted to ensure accountability. Through extensive negotiations, we secured $600,000, including $100,000 the at-fault party paid out of pocket above policy limits to settle the case and provide the family with meaningful closure.
The client’s loved one tragically choked to death. With medical bills of $1,300, we pursued the family’s claim and negotiated a $140,000 settlement to cover medical and funeral-related costs and provide the family with timely compensation so they could move forward without prolonged litigation.
“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”
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
