If you lost a loved one in a Madison, WI, accident, you could be entitled to compensation for medical bills, funeral expenses, and more. Contact an experienced wrongful death lawyer at Eisenberg Law Offices, S.C., to discuss your rights. For over four decades, our award-winning law firm has fought hard to protect the rights of injured parties in Wisconsin. We have a track record of success and have recovered millions of dollars for our clients.
We know that money won’t bring your loved one back. However, it can help relieve some of the financial stress your family experienced because of the accident and tragic loss of a family member. Call us today at 608-256-8356 to schedule a free consultation with a Madison wrongful death lawyer.
How Eisenberg Law Offices, S.C. Can Help With a Wrongful Death Claim in Madison
Families are often overwhelmed after the tragic loss of a loved one. In addition to dealing with grief, they’re often left with medical expenses, funeral expenses, and decreased income. The result can be a financial crisis during an already difficult time in life. If someone else caused your loved one’s accident, they are responsible for the losses you suffered because of the accident. The team at Eisenberg Law Offices, S.C. will ensure that the responsible party is held accountable and that your family gets the compensation it deserves.
Our team has over 140 years of combined personal injury experience serving Madison, Wisconsin. We’ve recovered millions in settlements and verdicts for our clients. We were recently named 2024 Best of Madison in the law firm division. We value every client and fight hard to get the best result possible. When you hire our firm for a wrongful death claim, we’ll:
- Investigate your loved one’s accident to determine all parties responsible
- Gather evidence and work with experts to build a strong case
- Calculate your damages
- File a claim with the responsible party’s insurance company
- Negotiate to get the best settlement possible
- If necessary, file a lawsuit and represent your family in court
- Keep you updated on the status of your case
- Provide you with ongoing legal guidance and support
Let our firm handle your claim so your family can focus on grieving and healing after an unimaginable loss. Our team has the experience and resources to ensure you get the compensation you deserve. Call us today to schedule a free case evaluation with a Madison personal injury attorney.
How Common Are Fatal Accidents in Wisconsin?
Unfortunately, fatal accidents are more common than most people think. According to data from the Wisconsin Department of Transportation, Wisconsin averages around 530 fatal motor vehicle crashes every year. In addition, data from the U.S. Bureau of Labor and Statistics reports that there were 125 fatal workplace accidents in Wisconsin in 2022. Wisconsin also has the highest fall death rate in older adults in the United States.
How Much Is My Madison Wrongful Death Case Worth?
Given the financial hardships that come with losing a loved one, family members need to get an idea of how much their wrongful death case is worth. The value of wrongful death claims varies significantly from one case to the next. As a result, our team needs to learn more about your case to determine how much it’s worth.
Some of the factors that have the biggest impact on how much a wrongful death claim is worth are:
- The victim’s age and life expectancy
- The victim’s income and earning potential
- The amount of medical expenses incurred
- The impact the loss has on other family members
- Whether or not the victim was partly at fault for the accident
- The amount of insurance coverage available
Wrongful death cases are particularly difficult to quantify. Our team is experienced in handling these cases and will fight hard to ensure your family gets the maximum compensation possible. Contact our team to learn more about how much your claim is worth.
What Damages Are Available to Family Members in Wisconsin Wrongful Death Cases?
After an accident, family members can request economic damages and non-economic damages from the responsible party. The purpose of these damages is to compensate victims for all financial and personal losses.
Economic damages reimburse victims for tangible losses, while non-economic damages compensate families for personal losses. Damages commonly awarded in Wisconsin wrongful death claims are:
- Medical expenses from the date of the accident until the victim’s death
- Lost support
- Loss of future earning
- Funeral expenses
- Pain and suffering
- Loss of parental guidance, instruction, and companionship
- Loss of consortium
- Emotional anguish and mental distress
While compensatory damages are available in all wrongful death cases, punitive damages are also awarded in some cases. In Wisconsin, punitive damages are only available when the responsible party acts with malicious intent or an intentional disregard for the victim’s life. Punitive damages are capped at either $200,000 or twice the amount of compensatory damages.
Unlike compensatory damages, punitive damages aren’t meant to reimburse victims. Instead, they’re used as a way to punish wrongdoers and deter bad behavior. While they aren’t commonly awarded, they are applicable in some wrongful death claims.
An experienced Madison personal injury lawyer can evaluate your case and discuss all types of damages you’re entitled to. Your family only has one opportunity to get compensation for current and future losses, so it’s important to seek compensation for all types of damages your family incurred.
Can I Recover Damages if My Loved One Is Being Blamed for a Fatal Accident in Madison?
It’s common for victims to be blamed for accidents. Especially in high-value wrongful death claims. Blaming victims is a common strategy used by insurance companies to avoid liability or minimize the value of claims. Fortunately, Wisconsin follows a legal approach of modified comparative negligence. Accident victims who are found to be partly responsible can still recover damages from other at-fault parties as long as their fault is less than 51%.
For example, if your loved one was 20% at fault for an accident, you could recover 80% of your damages. However, if your loved one was found to be 60% at fault for an accident, you aren’t entitled to recover any damages. If your family member is being blamed for an accident, contact a Wisconsin personal injury lawyer as soon as possible to ensure your rights are protected. We’re used to defending victims against these attacks and will work hard to hold the liable party accountable.
What Causes Most Fatal Accidents in Madison, WI?
The sad reality is that most fatal accidents are the result of negligence and can be prevented. If your loved one’s accident was the result of someone else’s negligence, you could have a wrongful death claim against them.
Our team handles all types of wrongful death claims, including:
Let us handle your case so you can focus on healing after a tragic loss.
How Do I Prove Negligence in a Wisconsin Wrongful Death Case?
Most wrongful death cases are brought under a legal theory of negligence. The idea is that another party’s negligence caused your loved one’s death.
To successfully bring a negligence claim, you have to prove:
- The responsible party owed a duty of care to your loved one
- The responsible party breached that duty
- The breach was the direct and proximate cause of the accident
- Your family suffered losses because of the accident
Our attorneys are experienced with personal injury cases and can gather the evidence necessary to build a strong case. Our team will use accident photos, surveillance footage, accident reports, witness testimony, medical records, and expert witnesses to build the strongest case possible.
How Long Do I Have to File a Wrongful Death Lawsuit in Wisconsin?
In Wisconsin, the statute of limitations for wrongful death claims is three years. Families have three years from the death of their loved one to file a wrongful death claim. While this might seem like a long time, it takes time to resolve personal injury claims. Even if your case settles out of court, you need to resolve it before the statute of limitations expires. Otherwise, your family will have no right to recover compensation from the responsible party.
How Much Does It Cost to Hire a Wrongful Death Attorney in Madison?
Wrongful death lawyers work on a contingency fee basis. This means they only get paid when their clients get paid through a settlement or verdict. At the start of representation, you and your attorney will agree on a contingency fee rate. If your case is successful and you receive a settlement or verdict, a percentage of your award will go to your attorney to cover fees. Clients like this fee structure because it means no out-of-pocket or upfront fees and that wrongful death attorneys are personally invested in every case.
If you lost a loved one in a Madison, WI accident, Eisenberg Law Offices, S.C. can help. Our experienced team of personal injury lawyers will fight to ensure your family gets the compensation it deserves. Call us today, contact us online, or visit our Madison personal injury office to schedule a free consultation with a Madison wrongful death lawyer.