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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. Let our Madison personal injury lawyers fight on your behalf.
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.
To successfully prove a wrongful death claim, the plaintiff must prove the following:
A personal injury claim is complex enough when the victim survives 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.
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 Madison 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.
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:
Other examples of these claims include: commercial trucking accidents, pedestrian accidents, hit-and-run incidents, and nursing home abuse.
Several family members can file a wrongful death suit. The deceased’s 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 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. 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.
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.
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) 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.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
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, we’d 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 attorneys at (608) 448-6242 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.
$33M+ 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.
“If you ever need an attorney, he would be the first one I recommend”
“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”
