3 Questions That Can Help Prove The Validity of a Wrongful Death Claim in Wisconsin

Wrongful death claims come about after someone has died because of another person’s negligence. One of the most common examples of this is car accidents. Reckless or negligent driving, can lead to accidents, which can result in death to passengers or other drivers and passengers on the road. This is considered a “wrongful death” and the family of the person who has died as a result of the accident may decide to pursue a legal claim or lawsuit against the driver responsible for the accident.

These lawsuits are emotional and trying for all parties, but the monetary damages awarded to families of victims are often necessary to help loved ones move on with their lives financially, particularly if the victim was the primary breadwinner. Even so, not every accident qualifies for such lawsuits in Wisconsin. There must be grounds for the suit and the claim must be valid.

Questions That Help Prove Claim Validity

Wrongful death lawsuits often arise after car accidents in Wisconsin, but they can also be brought after a medical accident/medical malpractice, as a result of a crime such as assault, or any other circumstance where another party’s actions led to the death. A personal injury attorney will always ask the following three questions when determining whether or not the victim’s family has a case:

1. Is there proof that the negligent or harmful actions of the other party caused the death?
2. Can the family of the deceased provide evidence that they are experiencing financial hardship as a result of the accident? This may include medical bills, lost wages/income, funeral expenses, and other pecuniary loss or support. 
3. Has the family appointed one person to act on behalf of the rest of the family as their representative?

If you can answer “Yes” to these three questions, then you likely have enough grounds to file a lawsuit. You will still need to provide evidence to prove your argument, and this is where a skilled injury attorney can help you.

Wisconsin Injury Lawyers Are Here To Help

It is hard to accept an unexpected death and it’s even harder when that death happened because someone else was negligent. But it is possible to move forward after these events, particularly if you have sound financial footing such as that which can be obtained through a wrongful death claim. The personal injury attorneys at Eisenberg Law Offices can help you pick up the pieces by sorting through the evidence, building case arguments, and arguing for your need.

If you are struggling after a loved one’s unexpected death and wonder if you have a case, contact Eisenberg Law Offices in Madison, Wisconsin for a free case consultation. Call 608-256-8356 or email Info@eisenberglaw.org to discuss your situation.