When an accident happens, the results can be tragic. Not only can one or more of the parties involved in the accident suffer severe, life-altering injuries, the parties involved can potentially be killed on the spot or die later from complications of their injuries. When this happens, the fatality victim’s family may seek compensation for their damages related to the death through a wrongful death claim. Like with a personal injury claim, a wrongful death claim is a way for a party who suffered financial damages as a result of an accident to recover these damages after proving that the accident was due to another party’s negligence or reckless actions.
A victim can die as a result of nearly any type of accident. One recent example is that of a 19-year-old woman killed in a car accident in Neenah. When a victim dies in an accident, his or her death can have substantial financial consequences for his or her family alongside the emotional trauma of losing a loved one.
Any type of accident that can result in a serious injury can result in a victim’s death. Examples of preventable accidents that can cause a wrongful death include:
In order to seek monetary compensation through a wrongful death claim, the victim’s loved ones must demonstrate that they suffered specific damages due to the death, which was directly caused by another party’s negligence. These facts can be demonstrated through evidence like the victim’s medical record, photographs of the accident site, and testimonies of the accident.
In Wisconsin, a personal representative of the victim’s estate or a close member of his or her family, such as a parent, guardian, spouse, or child can file a wrongful death claim within three years of the victim’s death. If the victim had a spouse or a child under the age of 18, the court must set aside a portion of the damages awarded through the claim to care for the spouse and child. This amount may be up to 50 percent.
Damages for which the claimants may receive compensation include:
If you have lost a loved one in an accident in Appleton, Neenah, or anywhere else in the Winnebago County area, consider working with an experienced wrongful death lawyer to pursue monetary compensation for your damages. To learn more about filing and pursuing a wrongful death claim, contact our team of experienced accidental death lawyers at Hammett, Bellin & Oswald, LLC to set up your initial consultation in our office.