A death becomes “wrongful” within the meaning of Wisconsin’s wrongful death statute when another person or persons acts in a negligent manner so as to cause the fatal accident.
In most cases, if the injuries had not been fatal, the person would have a personal injury claim against the other party, rather than a wrongful death claim.
Negligence occurs when an individual fails to exercise reasonable care in a particular situation. In other words, when an individual fails to act in a manner that a reasonable person in that same situation would act, negligence has occurred.
Negligence is not intentional or even reckless behavior; it simply refers to a carelessness that a reasonable person normally would avoid.
You should keep in mind that even if a death was caused by negligent or wrongful behavior, there are circumstances in which you cannot pursue a wrongful death claim with regard to your loved one.
For instance, if the deceased individual was more than 50 percent at fault for the accident that led to his or her death, you are not entitled to compensation through a wrongful death suit.
Furthermore, if the deceased individual was partially at fault for the accident, but less than 50 percent at fault, you can still maintain a wrongful death claim.
However, the principle of contributory negligence will reduce your damages in accordance with the percentage of the decedent’s fault. For instance, if the individual was 20 percent at fault for the accident, then you only can recover 80 percent of the total damages relating to the individual’s death.
Whether the death of your loved one results from a drugged driving crash, drunk driving accident, or an incident caused by another type of wrongful behavior by another driver, the Madison wrongful death lawyers of Boller & Vaughan know how to effectively represent your interests.
We can determine whether a wrongful death claim is available to you, and help you choose the best course of action for you and your family to get compensation for your losses.
Call our Madison law firm today at 608-268-0268 and get a better understanding of how our attorneys can help ensure that you obtain the maximum compensation that is possible in your case.
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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.
