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Losing a loved one is an indescribably painful experience, particularly when the loss results from someone else’s negligence or wrongdoing. If you are facing this difficult situation, you may be considering a wrongful death claim. I’m John V. O’Connor, a wrongful death lawyer based in Kenosha,
Wisconsin, and I am here to guide you through the legal process of filing such a claim in our state.
In Wisconsin, a wrongful death is defined as a death caused by a wrongful act, neglect, or default that would have entitled the deceased to file a personal injury claim had they survived. This can include instances such as car accidents, medical malpractice, workplace incidents, or other forms of negligence.
Wisconsin law stipulates that the personal representative of the deceased’s estate or the deceased’s surviving spouse, domestic partner, parent, or child may file the wrongful death claim. If none of these parties is available, a guardian or other family member may be eligible to file the claim.
It’s crucial to be aware of the statute of limitations for wrongful death claims in Wisconsin, which is generally three years from the date of the death. However, if the death resulted from a motor vehicle accident, the timeframe is reduced to two years.
1. Consultation with a Lawyer – The first step in pursuing a wrongful death claim is to consult with a lawyer who has experience in this area of law. During this initial consultation, you will discuss the circumstances of your case, the potential for a claim, and the next steps.
2. Investigation – Your lawyer will need to conduct a thorough investigation into the incident. This will likely include gathering evidence such as medical records, accident reports, witness statements, and expert testimonies to establish the cause of death and the liability of the responsible party.
3. Filing the Claim – Once sufficient evidence is collected, your lawyer will file a wrongful death lawsuit in the appropriate Wisconsin court. This legal document, known as a complaint, outlines your relationship to the deceased, the facts of the case, the defendant’s alleged negligence, and the damages sought.
4. Pre-Trial Motions and Discovery – After the claim is filed, both sides will exchange information in a process called discovery. This may include written questions (interrogatories), document requests, and depositions. Pre-trial motions may also be filed to resolve legal questions ahead of the trial.
5. Settlement Negotiations – Many wrongful death cases are settled out of court. Settlement negotiations can occur at any time during the process. As your attorney, I will negotiate with the defendant’s insurance company or legal representation to reach a settlement that fairly compensates for your loss.
6. Trial – If a settlement cannot be reached, the case will go to trial. At trial, both sides will present their evidence and arguments, and a judge or jury will decide on liability and damages.
In Wisconsin, damages in a wrongful death suit may include medical expenses incurred prior to death, funeral and burial expenses, lost income and benefits, loss of companionship and protection, and pain and suffering experienced by the deceased before they died.
Compensation amounts in wrongful death claims are either determined by a settlement agreement between the parties involved or by a jury verdict if the case goes to trial.
While any licensed attorney can technically handle a wrongful death claim, it is advisable to work with a lawyer who has specific experience and a successful track record in wrongful death cases due to the complexities involved.
If the responsible party’s insurance coverage is insufficient to cover the damages, it may be possible to seek compensation from other sources, such as personal assets or additional policyholders.
In general, compensation received from wrongful death claims is not taxable under federal or Wisconsin state tax laws. However, elements of the settlement may be taxable, such as punitive damages.
The duration of a wrongful death lawsuit can vary widely depending on the complexity of the case, the amount of evidence, the cooperation of the parties, and the court’s schedule. Some cases may settle in a few months, while others could take several years
If you are considering filing a wrongful death claim in Wisconsin, please contact the Kenosha wrongful death lawyer at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive a free consultation. I am committed to providing compassionate support and vigorous representation to help you seek justice for your loved one.
