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How Can I Determine if I Have a Wrongful Death Claim in Wisconsin?

on in Wrongful Death

Green Bay, WI wrongful death lawyerWhenever a family member or loved one dies, the person’s survivors are likely to experience a great deal of emotional pain and sorrow. In order to get closure and try to move on from the difficult situation, friends and family members may try to understand the reasons behind the death. If there is justification to believe that negligence or improper acts led to the person being killed, the family members of the deceased may be able to pursue a wrongful death claim. If an unforeseen passing has struck someone close to you, discussing your legal options with an experienced attorney could provide insight into your situation.

Was the Death Wrongful?

Friends and family members may be looking to hold somebody responsible for their loved one’s death. However, every situation is different, and the circumstances behind a death must be closely examined to determine whether negligence played a role. For example, if a pedestrian was looking at his or her cell phone and did not obey traffic signals when crossing a street, and he or she died from being hit by a car, it may be determined that the driver was not at fault. The driver may be able to show that he or she was following the rules of the road and did everything in his or her power to prevent an accident.

Looking at a different scenario, what if negligence did occur, and the result was an innocent person being killed? For example, if a person was sending a text while driving, lost control of his or her car, and struck and killed a pedestrian on the sidewalk, the driver could be held responsible for his or her actions. The driver’s failure to pay attention to the road would likely be considered negligence, and he or she would be responsible for causing the death of the victim. 

In cases where a death was in fact wrongful, the surviving family members of the victim may take legal action against any and all parties whose negligence contributed to the death. A wrongful death lawsuit may seek to recover multiple types of damages, including medical expenses, funeral costs, and the loss of wages earned by the deceased person, as well as the loss of society and companionship experienced by the deceased’s loved ones.

Contact an Appleton Wrongful Death Lawyer

Wrongful death cases can be complicated. Both the surviving spouse of the victim and the estate of the deceased may be able to make a claim. The matter can become even more complex when considering the rights of the deceased person’s children when there is a surviving parent. Navigating these issues can be much easier and clearer with the help of an experienced lawyer.

If your loved one’s death was caused by the actions or negligence of another person, it is important to seek legal consultation to determine your options for recovering compensation. Any situation that involves the death of someone close can cause financial hardship, and if a wrongful death did occur, seeking compensation could help you address your financial needs while ensuring that the responsible party is held accountable. At Herrling Clark Law Firm, Ltd., our dedicated Green Bay personal injury attorneys can help you determine your best course of legal action during a difficult time. Call our office today at 920-739-7366 to schedule a free consultation.   

 

Sources: 

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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