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Can I Pursue a Wrongful Death Claim After a Car Accident in Wisconsin?

on in Car Accidents

Appleton, WI fatal car accident attorneyMotor vehicle collisions are unfortunately common, and car accidents can cause a variety of non-life-threatening injuries, including soft-tissue injuries, sprains, and broken bones. Unfortunately, motor vehicle collisions can result in the death of drivers, passengers, or pedestrians. According to the National Safety Council, about 40,000 Americans died in automobile accidents in 2017 alone. If your loved one has passed away as a result of another driver’s negligence, you should speak with an experienced personal injury attorney to determine whether you can pursue a wrongful death claim.

Common Causes of Car Accident Fatalities

Wrongful death in a car crash may occur for several reasons, including:

  • Negligence of another driver
  • Criminal activity resulting in a fatal crash
  • Manufacturing defects on the part of the automaker

Victims other than drivers or passengers may be killed in a collision, and family members may pursue a wrongful death lawsuit if their loved one was a pedestrian or bicyclist who died after being struck by a car or truck. 

Fatalities Are Not Always Immediate

A wrongful death claim may apply even if the victim did not perish at the scene of the accident. Victims who suffer serious injuries may die while receiving treatment at the hospital, or even at a later date. For instance, if a victim succumbs to his or her injuries during surgery, family members of the victim may still file a lawsuit on the victim’s behalf, because the injuries (and subsequent surgery) were the result of the accident. 

Pursuing Legal Action

Wisconsin state law allows for survivors of a deceased individual to file a wrongful death lawsuit if the person died as the result of a wrongful act by another party. This type of lawsuit is considered a civil suit, rather than a criminal case. Family members may seek compensation for damages including the costs of medical treatment the person received, the loss of income the person would have provided for the family, the loss of companionship, pain and suffering experienced by the victim, and expenses related to the victim’s funeral and burial.

Contact an Appleton Wrongful Death Lawyer

The passing of a loved one can be emotionally overwhelming, and in these cases, you should have legal counsel on your side to help you hold the at-fault parties responsible for their actions. If your loved one died after sustaining injuries in a car accident caused by a negligent driver, speak to the skilled attorneys at Herrling Clark Law Firm, Ltd. to learn about your best options for receiving compensation for the harm your family has suffered. To schedule a free consultation, contact our compassionate Green Bay personal injury attorneys at 920-739-7366.

Sources:

https://www.usatoday.com/story/money/cars/2018/02/15/national-safety-council-traffic-deaths/340012002/

https://docs.legis.wisconsin.gov/statutes/statutes/895/I/03

https://docs.legis.wisconsin.gov/statutes/statutes/895/I/04

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Herrling Clark Law Firm Ltd. is located in Appleton, Wisconsin, and serves clients in Fox Valley, Outagamie County, Brown County, Door County, Kewaunee County, Manitowoc County, Sheboygan County, Fond du Lac County, Calumet County, Winnebago County, including Appleton, New London, Clintonville, Neenah, Oshkosh, DePere, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Sturgeon Bay, Marinette, Neenah, Chilton, Menasha, Shawano, Waupaca, Wausau, and Green Bay, Wisconsin.
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