Was your loved one killed in a fatal accident in Jefferson County, WI? Don’t hesitate to call the team at Eisenberg Law Offices, S.C. Your family may deserve significant compensation. An experienced Jefferson County wrongful death lawyer can fight to help you recover the maximum compensation possible for your loss. Contact us at (608) 256-8356 for a free consultation.
Our lawyers have over 140 years of combined experience helping grieving families seek justice. We’ve successfully recovered over $100 million in settlements and verdicts.
While money can’t make up for your loss, it can help offset your costs and help your family get a sense of justice. To learn more about your legal options, contact our law offices in Jefferson County, Wisconsin, to schedule a free consultation today.
How Can Eisenberg Law Offices, S.C. Help With My Family’s Wrongful Death Claim in Jefferson County, WI?
It’s never easy to lose a loved one. If you relied on the victim for financial support, their death can be even more difficult to handle. Your family shouldn’t have to deal with the financial fallout alone. By taking legal action, you can demand that the at-fault party take responsibility and compensate your family financially.
An experienced Jefferson County personal injury lawyer at Eisenberg Law Offices, S.C. can help. We know the stakes are high—and you only have one chance to recover the compensation you deserve.
Over the years, we’ve been recognized among Super Lawyers, The National Association of Distinguished Counsel, and America’s Top 100 High Stakes Litigators, among other respected lawyer rating services.
When you hire our team, you benefit from a trusted advisor who will:
- Investigate the circumstances of your loved one’s death
- Locate valuable evidence to prove your case
- Consult leading expert witnesses as necessary
- Handle the paperwork and legal filings
- Develop strong defenses if the other side blames the victim
- Determine how much compensation you deserve
- Negotiate for a full financial settlement
- Pursue your right to compensation at trial if necessary
You don’t have to let the person responsible for your loss off the hook. Our Jefferson County personal injury attorneys will help you pursue every dollar you deserve. Just contact us today to start building your case.
Overview of Wisconsin Laws on Wrongful Death
All states have their own laws that govern wrongful death cases. Under Wisconsin law, a wrongful death is a death caused by another person’s “wrongful act, neglect or default,” where the victim would have been entitled to file a personal injury lawsuit had they lived
Different scenarios can give rise to wrongful death claims, including:
- A negligence-based accident
- Medical malpractice
- Intentional wrongdoing
- Product defects
Essentially, any type of action that led to the death of another person can give that victim’s surviving family members the right to seek compensation from the at-fault party.
How Do Wrongful Death Lawsuits Work in Wisconsin?
Wrongful death cases are civil matters. They’re resolved in civil court, where the remedy is financial compensation. These cases are entirely separate from any criminal charges brought against the defendant.
Certain family members have the right to sue for damages after a fatal accident. Wisconsin law first gives the victim’s surviving spouse or domestic partner the right to file the wrongful death lawsuit.
If the surviving spouse or partner does not, the following family members can take legal action:
- The victim’s children or grandchildren
- The victim’s parents
- The victim’s grandparents
- The victim’s siblings
When a victim leaves both a surviving spouse and at least one child under the age of 18, a portion of any compensation that is recovered must be set aside for the children’s care. The court will decide the amount to be set aside, considering the ages of the children and the capacity of the surviving spouse. In any case, no more than 50% of the compensation can be set aside for the children.
What Is My Jefferson County Wrongful Death Case Worth?
The value of your case will depend on your situation, considering factors such as:
- The victim’s age and life expectancy
- The victim’s earning capacity based on past wages, education, and employment
- How the victim contributed to your family
- The identity of surviving dependents
- The financial expenses your family has incurred
Damages in wrongful death cases can be significant. Insurance adjusters may seem sympathetic, but their goal is to pay as little as possible. That’s why it’s always important to consult an experienced Jefferson County wrongful death attorney before accepting any settlement offer.
What Types of Damages Are Available in a Jefferson County Action for Wrongful Death?
The compensation you recover will depend on the unique losses you have suffered in the wake of the victim’s death.
Available damages in a wrongful death lawsuit may include:
- Medical expenses related to an injury that resulted in death
- Funeral expenses and burial costs
- Lost wages and income that the victim would have earned if not for their death
- Loss of inheritance
- Loss of society and companionship for the victim’s surviving spouse, children, parents, and any siblings who were minors at the time of the victim’s death
Your family is entitled to pursue compensation for the full value of your economic damages or your financial losses. Damages for loss of society and companionship are limited to $350,000 if the victim was an adult or $500,000 if the victim was a minor child.
How Much Does it Cost to Hire a Wrongful Death Lawyer?
Most personal injury law firms operate using a contingency fee model. The amount you pay depends on the amount of compensation recovered in your case. There’s no cost if your lawyer fails to recover compensation in your case.
How Do Wisconsin Laws Impact the Value of a Wrongful Death Case if the Victim is Being Blamed for the Accident?
Sometimes more than one party shares responsibility for an accident. Wisconsin laws allocate blame between all parties who share fault. Whether your family can recover damages will depend on the amount of blame allocated to the victim.
Wisconsin’s modified comparative fault law also applies in wrongful death cases. Under this rule, a claimant’s recovery is reduced proportionally to their share of fault, but they cannot recover if their negligence is greater than the defendant’s. If the claimant’s fault is 50% or less, they can still recover, but their damages are reduced by their percentage of fault.
How Do I Know Whether I Have a Valid Wrongful Death Lawsuit in Jefferson County?
The definition of “wrongful death” in Wisconsin is broad. It can encompass a wide range of scenarios.
At Eisenberg Law Offices, S.C., we often handle wrongful death claims that are based on:
- Car accidents
- Slip and fall accidents caused by dangerous property conditions
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
The key is that the at-fault party doesn’t get to walk away with no consequences just because their actions were fatal. The right to seek compensation transfers to the victim’s survivors.
You deserve to work with a law firm that will give your family the attention, support, and guidance that you need during this difficult time. To learn more about your rights under Wisconsin wrongful death laws, call our offices to schedule a free case review today.
What Do I Have to Prove to Recover Compensation for Wrongful Death in Wisconsin?
It depends on the legal basis for your claim. For example, wrongful death cases can be based on negligence, intentional torts, or even strict liability. Most are based on negligence.
In negligence-based cases, you must be able to prove:
- The defendant owed your loved one a legal duty of care
- The defendant breached the applicable duty of care
- That breach of duty directly contributed to your loved one’s death
- The value of your family’s resulting damages
A preponderance of the evidence standard applies in civil cases involving injury or death. That means the evidence must show that your claims are more likely true than not.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in Wisconsin?
The statute of limitations in wrongful death cases is typically three years. The clock starts to run on the date the fatal injury occurred. You lose the right to demand financial compensation once the statute of limitations expires, so it’s important to speak to a lawyer to ensure you don’t miss any deadlines.
Losing a loved one in a tragic accident is a nightmare situation for surviving family members. You shouldn’t have to navigate this difficult time alone while you attempt to grieve. An experienced Jefferson County wrongful death lawyer can handle the legal issues while you take care of yourself. Contact Eisenberg Law Offices, S.C. to learn more about how we can help today.