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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.
Pemberton Personal Injury Law Firm
5609 Medical Cir #4
Madison, WI 53719
608-400-0451