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The Madison wrongful death lawyers at Boller & Vaughan are dedicated to guiding families who have lost a loved one through another’s negligence and obtaining the financial security survivors need to move forward with their lives.
If you live in Wisconsin and believe a family member’s death was caused by another’s carelessness, please contact our Madison wrongful death lawyers online or at 608-268-0268 today for a FREE case evaluation.
Dealing with the loss of a loved one can be especially challenging when the death was the result of another person’s negligence. Compensation secured through a successful wrongful death claim can’t make things right, but it can help offset the financial burdens faced by survivors.
Our experienced, compassionate attorneys offer FREE consultations to help you understand your legal options, and we work on a contingent-fee basis, which means we don’t charge for our services unless we recover compensation on your behalf.
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
A wrongful death lawsuit is a civil case, not a criminal case. Wrongful death claims are not aimed at punishing the responsible party as in a criminal case, but rather to compensate the decedent’s survivors and estate for related damages and losses.
Unlike criminal cases, wrongful death lawsuits do not have to prove beyond a reasonable doubt that the at-fault party intended to cause harm to the deceased individual. The basic elements of a wrongful death claim are:
Wrongful death lawsuits may generally be filed if the event that caused or led to the death would have provided grounds for the deceased to pursue a personal injury case if he or she had lived.
There are two key differences between wrongful death claims and criminal cases, and these differences are critical to understand when you are thinking about asserting your family’s legal rights.
First and foremost, if the person who is responsible for your loved one’s death is facing criminal charges, his or her criminal case will not result in financial compensation for your family. To seek financial compensation, you must file a wrongful death claim in civil court (although, practically speaking, most claims involve dealing with the insurance companies). This is completely separate from the at-fault party’s criminal case, and it is up to you to take action.
The second key difference has to do with the “burden of proof.” The burden of proof in civil cases is lower than the burden of proof in criminal cases. This means that you may be able to file a successful wrongful death claim regardless of whether the at-fault party’s criminal case results in a conviction.
Wrongful death cases often stem from circumstances that are common sources of personal injury lawsuits. These include but are not limited to:
Wrongful death lawsuits may also arise from incidents of medical malpractice, workplace accidents, dangerous premises, or defective products.
Wisconsin’s wrongful death statute allows certain family members and other individuals to seek damages for financial harm due to a loved one’s death. Eligible parties may include:
Family members may be compensated for financial damages, such as loss of a loved one’s income and the estimated dollar amount of household services the deceased individual would have provided.
Only a spouse, domestic partner, parents and children of the decedent may receive damages for loss of companionship. Siblings may receive damages only if they were minors at the time of the decedent’s death.
To find out if you have a valid wrongful death claim, you will need to consult with an attorney who has experience handling these types of cases. You should not listen to the insurance companies, and you should not base your decision on whether the at-fault party faces criminal charges. An experienced wrongful death attorney will be able to conduct a thorough, unbiased investigation and help you make an informed decision with your family’s best interests in mind.
If the person who is responsible for the death is also deceased, this does not have any bearing on your family’s legal rights. As we mentioned above, most wrongful death cases involve dealing with the insurance companies. If the at-fault party had insurance coverage at the time of the fatal accident, then your family can—and should—hire an experienced wrongful death attorney to help you seek just compensation.
Yes. Sadly, wrongful death claims involving nursing home negligence are far too common. If you lost a loved one who was living in a Wisconsin nursing home and suspect that negligence may be to blame, you will want to speak with an attorney about your family’s legal rights. Nursing homes can be held liable for residents’ deaths resulting from many forms of negligence, including (but not limited to):
Again, these are just examples. If you have concerns about your loved one’s treatment in a Wisconsin nursing home for any reason, we strongly encourage you to speak with a wrongful death attorney at our firm.
While you are not legally required to hire an attorney to file a wrongful death lawsuit in Wisconsin, there are several important ways an experienced attorney will be able to help. These range from proving who is responsible for your loved one’s death to proving how much your family is entitled to recover, and from dealing with the insurance companies to fighting for justice in court. Our firm handles all wrongful death lawsuits in Wisconsin on a contingency-fee basis, which means that families pay nothing out-of-pocket for our attorneys’ legal representation.
If a wrongful death case goes to trial, either a judge or jury will decide if the victim’s family is entitled to financial compensation. Wrongful death trials are complex legal proceedings, so it is critical to have an experienced attorney who is familiar with all aspects of your family’s case. While we focus on settling our clients’ cases for just compensation whenever possible, we also have a long track record of success at trial.
Damages in wrongful death claims may include money for:
Compensation in wrongful death cases varies widely based on a number of individual factors, including the decedent’s age at the time of death and whether the court imposes additional punitive damages. Punitive damages consist of additional compensation intended to punish the defendant for especially egregious conduct and/or to deter others from engaging in similar conduct.
In Wisconsin, the time limit—or statute of limitations—to file a wrongful death claim is typically two or three years, depending on the type of incident that caused the death.
For wrongful death cases related to motor vehicle crashes, the statute of limitations is two years; for other incidents, it is usually three years. The clock begins ticking on the date that the injury or illness that caused the death occurred or should reasonably have been discovered (not the date of the death).
While you do not have to file a wrongful death claim immediately, it is in your best interests to contact a wrongful death lawyer as soon as possible. This allows your wrongful death attorney to promptly investigate the claim and begin to gather evidence to support your case.
How long it takes to resolve a wrongful death case in Wisconsin depends on the specific circumstances involved. There is not a “standard” duration for a wrongful death claim. In the best-case scenario, the at-fault party’s insurance company will accept liability and enter into good-faith settlement negotiations, and the case will be over in a matter of months. However, if the at-fault party’s insurer is unwilling to offer just compensation, going to trial could easily take a year or longer.
If you lost a loved one due to another’s carelessness, the responsible party and their insurance provider may offer you a settlement. These initial settlements are rarely sufficient to cover a family’s short-term damages and long-term financial needs.
The wrongful death lawyers at Boller & Vaughan in Madison have the experience and resources necessary to fight for the financial security you need and sense of justice you deserve. Please call us today at 608-268-0268 to arrange your FREE, no-obligation consultation or contact us online to tell us your story now.
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.
