How Does a Wrongful Death Lawsuit Proceed?

If you have lost a family member or loved one as a result of a traffic accident, you and your family may have a wrongful death claim under Wisconsin law. In order to have a valid wrongful death claim, another individual must have acted negligently or recklessly in causing the accident that led directly to your loved one’s death. A wrongful death claim allows surviving family members to hold an individual responsible for his or her negligence and collect damages for their losses.

Either the executor of the deceased’s estate or a close family member, such as a spouse, child, or parent, has the right to file a wrongful death lawsuit against the person responsible for the crash that led to the death. If the lawsuit is successful, any damages would go to the surviving family members who are entitled to inherit from the deceased individual. For example, if the deceased was a minor child, any damages recovered would go to the child’s parents. If the deceased was an adult with a spouse, then the spouse would be entitled to the damages.

In a wrongful death suit, surviving family members can seek damages for loss of support and services. Additionally, the spouse, parents, children, or minor siblings of a deceased adult can recover $350,000 for loss of their society and companionship, and $500,000 if the deceased was a minor child. These are referred to as pecuniary damages.

The estate of the deceased also has the right to bring a survival action, which seeks compensation for expenses related to the individual’s death. These damages include medical bills, loss of income and earning capacity, and pain and suffering that the individual sustained prior to death.

Whether your loved one’s death is the result of a drugged driving crash, drunk driving accident, or an incident caused by another driver’s wrongful behavior, the Madison wrongful death lawyers of Boller & Vaughan are here to help you get through the often complex process of filing a wrongful death claim. We will determine if you have a legally valid wrongful death claims, and help you choose the best course of action for you and your family to get compensation for your losses as quickly as possible. Start the healing process by contacting our office today, and get a better understanding about how our attorneys can help ensure that you obtain the maximum compensation that is possible in your case.