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Common Questions About Wrongful Death Claims

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The sudden death of a loved one is a heartbreaking event.  However, if their death was caused by another person’s negligent or irresponsible actions, you may be able to file a wrongful death claim to recover compensation.

Filing a wrongful death claim is probably the farthest thing from your mind, but it may be absolutely financially necessary depending on your situation.

But a wrongful death claim can be a confusing and time-consuming process. We’ve put together a quick guide on filing wrongful death claims in Wisconsin below. 

Who Can File on Behalf of a Departed Loved One?

A wrongful death claim may be filed by “the personal representative of the deceased person or by the person to whom the amount recovered belongs,” according to Wisconsin state legislature.

Those parties may include a surviving spouse, domestic partner, child, parent, or guardian of the deceased. Visit this more in-depth blog for further explanation.

Is it really worth pursuing a wrongful death case?

Although it may be very difficult to face right now, if you fail to take action you may regret it later. Compensation for wrongful death can relieve the financial burdens and struggles that you and your family face as a result of your loved one’s death.

It can take away the stress of worrying about how you will pay the bills and keep a roof over your head, allowing you to focus on healing and moving forward with your lives.

Every case is unique. The Wisconsin wrongful death lawyers of Boller & Vaughan will carefully consider the merits of your case. We only take the cases to which we can fully dedicate the time and resources that you and your family deserve.

Will my wrongful death case go to trial?

Most cases settle out of court. However, we will treat your case as if it were going to court so that we are fully prepared to go to trial if that is what it takes to obtain the compensation that you need and deserve. We keep our caseload small, and we will get to know you and your family personally.

We feel that we can better represent you if we understand the personal impact that your loss has had, not just the facts in the case. This gives us the ability to present you to the jury as real people and to back that up with the details of how the death of your loved one has affected your life.

What is a survival action?

Under Wisconsin law, a survival action compensates the estate of the decedent for the damages the decedent suffered before death, such as medical bills, lost income, and pain and suffering. Wrongful death compensates the loved ones, such as the surviving spouse, children, and parents, for their losses arising out of the death.

If I win my wrongful death case will those responsible go to jail?

No. A wrongful death case is a civil action, not a criminal action. It is meant to compensate you for your losses rather than to punish the responsible party.

However, since the defendant is not at risk for going to jail, the standard of proof is much lower, meaning that your chance of receiving compensation is much higher than the chance of a criminal conviction. In fact, the defendant merely had to be negligent and did not have to commit a crime.

If you have lost a loved one due to someone else’s negligence or intentional misconduct in Madison or anywhere in Wisconsin, please call our Wisconsin wrongful death lawyers at (608) 268-0268 or submit an online questionnaire.

Your initial consultation with the Wisconsin wrongful death attorneys Boller & Vaughan LLC is FREE of charge. If we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.

In many cases, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

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