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How Do I File a Wrongful Death Claim for My Loved One?

Posted on in Wrongful Death

Appleton, WI wrongful death claim lawyerA fatal car accident is a tragic event not only for the person who loses his or her life, but also for the surviving family members who must cope with the untimely loss of their loved one. During such a time, monetary compensation may seem like small comfort compared to what you have lost, but it is important to think about how it can provide relief from the financial stress you may be under due to medical and funeral expenses and other losses. An attorney can help you initiate a wrongful death lawsuit against a negligent driver or another responsible party and represent you throughout the process.

When Is a Wrongful Death Claim Justified?

A wrongful death claim may be filed under similar circumstances to a personal injury claim. This means that if the accident that caused the fatal injuries was the fault of another negligent driver, you may have a strong case for recovering damages. Common examples of driver negligence include:

  • Drunk driving
  • Distracted driving
  • Speeding
  • Reckless driving
  • Drowsy driving

As with a personal injury claim, it is important to support your wrongful death claim with evidence of the driver’s negligence. If you were with your loved one at the time of the accident, you can start collecting evidence by taking pictures of the scene and speaking with witnesses who can provide testimony. If you were not present, you should contact an attorney as soon as possible after you become aware of the accident so that we can help you access and preserve evidence in a timely manner. In car accident cases, there is also a two-year statute of limitations from the date of the accident to file a wrongful death claim, so it is important to initiate the process as early as you can.

Determining the Amount of Damages to Pursue

A wrongful death claim may be possible whether your loved one died immediately in the accident, or whether injuries from the accident resulted in your loved one’s death in the following days or weeks. Depending on the circumstances, you may be able to pursue compensation for damages including:

  • Your loved one’s medical expenses and pain and suffering after the accident and before their death
  • Funeral and burial expenses for your loved one
  • Loss of financial support from your loved one’s income and benefits
  • Loss of consortium, up to a limit of $350,000 for the loss of an adult family member and $500,000 for the loss of a child.

Contact a Green Bay, WI Wrongful Death Attorney

At the Herrling Clark Law Firm Ltd., we can help you cope with the loss of your loved one by handling the legal aspects of your case for compensation. We have extensive experience with car accident injury cases, and we will pursue all possible strategies to achieve an outcome that eases your burden. Contact an Appleton car crash injury lawyer today at 920-739-7366 for a free consultation.

Sources:

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

https://docs.legis.wisconsin.gov/statutes/statutes/893/v/54

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