A wrongful death action may arise when someone acts in a negligent, neglectful, or otherwise wrongful manner so as to cause the death of another person.
In that situation, the personal representative of the deceased’s estate or certain surviving family members may be able to file a wrongful death lawsuit against the negligent person or entity.
The goal of a wrongful death claim, like a personal injury claim, is to receive a monetary damages award that compensates the deceased’s surviving family for their losses.
There are three potential types of damages that may be awarded or compensated in a wrongful death case. Economic losses include any financial losses and losses of service that the family experiences as a result of the individual’s death.
Placing a value on economic losses is fairly easy. For instance, a medical bill has monetary value on it and should be paid by the responsible party. Funeral expenses are another common type of economic damage.
Non-economic losses involve loss of love and companionship. It is obviously impossible to place a monetary value on the loss of a child, sibling, spouse, or parent. The goal with this type of damages is to compensate the family in some way for their tragic losses.
There are many different factors in reaching a monetary amount with respect to non-economic damages, but a damages award does take into account loss of companionship, love and affection, emotional and mental stress, and pain and suffering.
In some cases, punitive damages are awarded as punishment for an individual’s intentional wrongdoing or outrageous behavior. A common example of a case in which a punitive damages award might be appropriate is one in which a drunk driver kills a pedestrian or someone in another vehicle.
When you are a surviving family member with a wrongful death claim you need advice and counsel from an experienced lawyer who can determine your options, based on your situation, and help you make the decisions in your case that are best for you and your family.
The Madison wrongful death attorneys of Boller & Vaughan handle wrongful death and personal injury cases on a daily basis, and we know what it takes to get the compensation that you need.
Take the first step and call our office today at 608-268-0268 to set up your FREE consultation with one of our Wisconsin personal injury lawyers.
An article published in HomeCare late last year profiles A Place for Mom, which is the largest referral service for senior living in the United States. This service provider recently released data showing that 73% […]
While some individuals have the ability to privately pay for long-term care or have purchased separate long-term care insurance policies, Medicaid coverage can be essential to funding long-term care for many Americans. Medicaid is a […]
"*" indicates required fields
Δ
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
