Are you grieving the tragic loss of a loved one because of an accident in Columbia County, WI? Our team at Eisenberg Law Offices, S.C. can help. You may deserve compensation. An experienced Columbia County wrongful death lawyer can help you get every ounce of justice available under the law.
Our lawyers bring over 140 years of combined legal experience to the table. Our top-rated team has recovered over $100 million through our hard work and dedicated approach.
You may deserve compensation for medical bills, funeral costs, and loss of your loved one’s company and financial support. We’re here to help you fight for every dollar. Call our law offices at (608) 256-8356 in Columbia County, Wisconsin, to schedule a free consultation today.
Losing a loved one is unimaginably difficult. That’s especially true when the loss was entirely preventable. You deserve to hold those responsible accountable.
At Eisenberg Law Offices, S.C., we know it can be hard to grieve while simultaneously dealing with a gut-wrenching legal battle. Our Columbia County personal injury attorneys have the skills to stand up to even the toughest insurance companies and defense attorneys on your behalf.
For our skill and expertise, we’ve been recognized by Super Lawyers and The National Association of Distinguished Counsel. We’ve also been listed among America’s Top 100 High Stakes Litigators, and we certainly know that the stakes are high for your family.
When you hire us, you’ll benefit from a trusted advisor to:
Life may seem completely impossible right now. The strain is only magnified by financial stress. Our Columbia County wrongful death lawyers are here to provide the support you need. Call us today to get started.
Wrongful death lawsuits in Wisconsin are brought to hold responsible parties accountable when they cause fatal injuries. Wrongful death cases are very similar to personal injury cases.
Under Wisconsin’s wrongful death law, survivors have the right to take legal action if:
If you win your case, the judge, the at-fault party, or the insurance company will provide financial compensation. There are no criminal penalties involved. If the defendant’s acts were a crime, those criminal issues are resolved separately.
The following parties have the right to file a wrongful death lawsuit:
When a decedent leaves minor children behind, the law provides that they must receive a portion of the proceeds of any wrongful death claims. A court may order that up to 50% of any compensation recovered for wrongful death be set aside to provide for children’s care and needs.
Wrongful death cases can be based on virtually any scenario. Most involve the same types of accidents that form the basis for personal injury cases. The difference, of course, is the severity of the victim’s injuries.
Our attorneys often handle claims involving:
If you believe that someone else was responsible for your loved one’s death, call our team for a free case review today. We’ll sit down, listen to the facts, and explain your rights.
What you must prove will depend on the circumstances of your loved one’s death. In very general terms, wrongful death cases can be based on negligence, strict liability, or intentional torts. Most cases are based on negligence.
To prove negligence, the person initiating the claim must prove:
You must prove these elements by a “preponderance of the evidence” standard. That means, based on the evidence, your claims are more likely than not to be true.
When it comes to evaluating evidence, the relevant evidence will depend on the circumstances of your loved one’s death. The victim’s medical records will always provide important details. Accident reports, photos of the accident scene, video footage, maintenance records, and witness statements can all provide important insight into why your loved one died.
The most relevant facts to consider are:
Wrongful death cases are particularly difficult because no physical recovery is ever possible. It’s essentially necessary to put a dollar value on the victim’s life. As a surviving family member, that can be incredibly difficult, traumatic, and overwhelming. It’s often, however, the only way to get justice.
The types of damages that are available always depend on the nature of the losses your family has suffered.
Your family should receive compensation to account for the full value of your economic losses, or financial losses, including:
Non-economic damages are more limited in wrongful death cases. The surviving spouse, children, parents, and minor siblings may be entitled to compensation for loss of society and companionship. Those damages, however, are typically limited to $350,000. The limit increases to $500,000 if the victim was a minor child.
Like personal injury lawyers, wrongful death lawyers typically use a contingency fee model. That means it won’t cost anything to hire a lawyer unless they win compensation in your case. Once your settlement or verdict is finalized, you’ll pay a pre-agreed percentage of your compensation.
The key thing to remember is that you can get quality legal representation without upfront fees, and you’ll never be on the hook for attorneys’ fees if we don’t win compensation in your case.
Wisconsin’s shared fault law applies in both personal injury and wrongful death cases.
Still, Wisconsin’s contributory negligence law doesn’t automatically bar you from recovering compensation if your loved one shared some blame. Typically, when some blame is allocated to the victim, any compensation award is reduced by the percentage of blame they were found to share.
There is, however, an important catch. You cannot recover compensation once your loved one’s share of fault reaches 50%. If they were “mostly” responsible, your family loses its right to damages entirely.
Surviving families have three years to take legal action. This deadline is called the statute of limitations. The three-year limitations period starts running on the date your loved one died.
Grieving is a long and difficult process. Still, don’t wait to seek legal advice. Once the three-year deadline passes, you forfeit your right to any compensation whatsoever.
Your worst nightmare has already happened. You shouldn’t be forced to replay the trauma time and again during a protracted legal battle. An experienced Columbia County wrongful death lawyer at Eisenberg Law Offices, S.C. can handle the legal issues while you focus on your own well-being. Just call for a free consultation today.
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