Wrongful Death

Appleton Wrongful Death Lawyer

Any time an accident occurs, death can occur. In Winnebago County alone, 14 people died in car accidents in 2014. Deaths can also occur in slip and fall accidents, animal attacks, electrocution and fire accidents, and as a result of medical malpractice. Basically, any accident that can result in a personal injury can result in death.

Wrongful death can cause the victim’s family to suffer substantial financial damages. These damages include the loss of the victim’s income and employment benefits, the victim’s funeral expenses and in some cases, medical bills, and the loss of the companionship and guidance that the victim provided to his or her loved ones. If you have lost a loved one in an accident, you may find comfort in a Neenah-area grief support group. You might also consider working with an experienced wrongful death lawyer to seek compensation for your damages.

Who May File a Wrongful Death Claim in Wisconsin?

In Wisconsin, any of the following parties may file a wrongful death claim:

  • The victim’s spouse or domestic partner;
  • The victim’s adult child;
  • The victim’s parent or legal guardian; and
  • A personal representative of the victim’s estate.

The claimant may seek compensation for the following damages:

  • Funeral expenses;
  • Medical expenses for any treatment the victim received following the accident that caused his or her death;
  • The financial losses associated with the death, such as the loss of the victim’s income and insurance benefits;
  • The loss of the victim’s companionship. For this, up to $350,000 may be compensated for an adult victim and up to $500,000 may be compensated for a minor victim; and
  • A survivorship claim, which may be sought on behalf of the victim’s estate. Through this claim, the personal representative of the victim’s estate may seek compensation for the pain and suffering experienced by the victim between his or her accident and his or her death.

In cases where the victim left behind a spouse, a domestic partner, or at least one minor child, a portion of the total damages awarded must be set aside for these dependents’ care. It cannot be more than 50 percent of the total damages awarded.

Filing a Wrongful Death Claim

Like with a personal injury claim, you need to prove that your loved one’s death occurred as the direct result of another party’s negligence in order to recover monetary compensation for your damages. The statute of limitations for wrongful death claims in Wisconsin is three years from the date of the victim’s death.

Work with an Experienced Appleton Wrongful Death Lawyer

Losing a loved one in an accident can be one of the most traumatic experiences you and your family ever face. In addition to the emotional burden, such a loss can place on your family, wrongful death can cause you to suffer a financial burden. Talk to one of the experienced Appleton wrongful death lawyers at Hammett, Bellin & Oswald, LLC today to learn more about filing a wrongful death claim after an accident. Contact our Appleton personal injury lawyers to set up your initial legal consultation with a member of our team.

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Neenah Office 675 Deerwood Avenue Neenah, WI 54956 (920) 720-0000

Appleton Office 4650 W. Spencer Street Appleton, WI 54914 (920) 720-6389