Losing a loved one is one of the most painful experiences anyone can endure, and when that loss is due to someone else's negligence, the grief can be overwhelming. At Nicolet Law, we understand the immense emotional and financial strain that a wrongful death can place on a family.
An Eau Claire wrongful death lawyer from our can help you seek justice for your loss through a wrongful death claim.
The Centers for Disease Control reports that over 170,000 people die each year due to unintentional injuries. In many of these cases in Eau Claire, another party in the accident could have avoided the injuries but for their negligence.
If you believe your loved one died because of the actions or inaction of another party, you may have a case for wrongful death against the at-fault party.
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Why Choose Us for Your Eau Claire Wrongful Death Case?
At Nicolet Law Accident & Injury Lawyers, we understand many of the challenges your family will face after the loss of a loved one in a wrongful death case. Often, family and loved ones are unprepared for the emotional or financial burdens that arise.
Nicolet Law Accident & Injury Attorneys can help. Our firm is passionate about representing Eau Claire families who find themselves in desperate circumstances and are just trying to move on with their lives the best they can. Contact us to talk about your wrongful death case, and read below to learn the fundamentals of wrongful death cases.
What Constitutes a Wrongful Death?
A wrongful death occurs when a person’s life is tragically cut short due to the negligent, reckless, or intentional actions of another party. Unlike natural deaths, these unfortunate incidents could have been prevented if not for the harmful actions or inactions of others. In legal terms, wrongful death allows the surviving family members to seek justice and compensation for the devastating loss they have suffered.
Common Causes of Wrongful Death
Wrongful deaths can arise from a variety of situations, including but not limited to:
- Motor vehicle accidents: If your loved one died because of a car accident that the other driver or another party caused—such as a negligent technician who created a problem with the vehicle that led to the accident—you can seek compensation for the loss of your loved one.
- Bicycle or pedestrian accidents: The negligence of a driver causes most bicyclist or pedestrian deaths, giving rise to wrongful death actions.
- Motorcycle crashes: The negligence of others similarly hit motorcyclists. A motorcyclist’s total exposure makes a fatal accident more likely.
- Truck accidents: Semi-trucks and large trucks often cause tragic accidents due to the preventable mistakes of a truck driver, truck company, or manufacturer. Given their size and weight, these trucks can kill the driver and occupants of any car they collide with.
- Nursing home neglect or abuse: Nursing home deaths can occur due to neglect or abuse by the staff and caretakers you have entrusted with your loved one’s care.
- Animal attacks or bites: Those responsible for a dog that causes the death of a person can bear liability in a wrongful death action.
- Intentional acts: Prosecutors can press charges against anyone who intentionally harms or kills your loved one. In addition, family members of the deceased have the right to file a claim for compensation through insurance and/or a lawsuit in civil court.
Understanding a Wrongful Death Claim
A wrongful death claim is a civil lawsuit brought by the surviving family members or representatives of the deceased’s estate against the party responsible for the death. The purpose of this claim is to seek financial compensation for the losses incurred due to the death, such as funeral expenses, lost income, and the emotional pain and suffering endured by the family.
Wrongful Death Claim vs. Criminal Charges
It’s important to understand that a wrongful death claim is distinct from any criminal charges that may arise from the same incident. Here’s how they differ:
- Purpose: The primary goal of a wrongful death claim is to compensate the survivors financially for their loss. Criminal charges, on the other hand, are pursued by the state to punish the wrongdoer and deter future offenses.
- Burden of Proof: In a wrongful death claim, the burden of proof is on the “preponderance of the evidence,” meaning it must be more likely than not that the defendant’s actions caused the death. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is a much higher standard.
- Outcome: A successful wrongful death claim results in financial compensation to the family, while a criminal conviction can lead to penalties such as imprisonment, fines, or community service.
At Nicolet Law, we are committed to guiding you through the complexities of a wrongful death claim with compassion and dedication, ensuring that your family's rights are protected every step of the way. If you need assistance, don’t hesitate to ask for a free consultation.
Who Can Pursue a Wrongful Death Claim in Eau Claire?
In Eau Claire, only certain family members may recover in a wrongful death action. Furthermore, multiple parties may not bring wrongful death actions in separate cases; all interested parties must come together to file a suit or claim. A representative, the executor of the deceased’s estate, files on behalf of the surviving family.
The following individuals can recover a claim or lawsuit for wrongful death in Wisconsin:
- A domestic partner
- A spouse
- A child
- The parent or guardians
Who Can Be Held Liable in an Eau Claire Wrongful Death Case?
You may hold a party whose wrongdoing led to another’s death liable or legally responsible in a wrongful death action. Sometimes, the at-fault party is clear. Other times, the facts of the case make identifying liable parties more complex.
The liability of a party depends greatly on their relationship to the individual who suffered a fatal injury and the duty of care that the party owed the individual. The law considers one’s duty of care as the standard of conduct they must provide to avoid harming others.
Plaintiffs can bring a claim or lawsuit for wrongful death against individuals or entities. In some cases, more than one party can face liability for the death of your loved one.
Examples of potentially liable parties in an Eau Claire wrongful death action include:
- Individuals
- Employers
- Government agencies
- Property owners or management companies
- Nursing homes
Damages Available in an Eau Claire Wrongful Death Action
As the loved one of an Eau Claire wrongful death victim, you may seek compensation. The monetary damages you may recover differ based on the relationship between you and the deceased and the extent of the impacts and expenses you bear as a result of the wrongful death.
A plaintiff in a wrongful death action may recover economic and non-economic damages. Economic damages include actual monetary losses that can be objectively verified, such as a medical bill.
Non-economic damages are not so financially specific, as they encompass personal impacts. These damages compensate an individual for losses such as the deceased's companionship.
Damages in a wrongful death action may include:
- Medical expenses: All medical costs your loved one incurred before death are recoverable in a wrongful death action. This includes emergency care costs, subsequent treatment, surgeries, and any other medical attention they received to address their accident injuries.
- Burial and funeral expenses: All costs related to the funeral and burial, or cremation, of your loved one.
- Loss of financial support: Often, the deceased is a primary breadwinner for their family. A family can recover compensation for their loved one’s lost future wages. These damages can constitute a significant portion of the compensation package, as they account for the income the provider could have brought in for the family throughout their lifetime.
- Loss of society and companionship: These damages account for the emotional loss and impact of the loved one's passing on the surviving family members. This compensation accounts for the loss of companionship of the deceased family member and the distress and trauma experienced associated with it.
Apart from the damages potentially recoverable in a wrongful death claim, a survival action related to wrongful death may also seek to recover damages that the deceased would have had the right to seek through his or her own personal injury lawsuit had death not occurred.
Wrongful Death Versus a Survival Action
Wrongful death claims and survival actions are often confused but are separate legal claims.
Only the estate's personal representative can bring a survival action for the deceased individual. This action benefits the deceased and applies to the damages sustained by the individual from the moment of injury until the time of death.
Not all wrongful deaths cause the immediate death of an individual. In many cases, an individual can survive days, weeks, or months after the initial injury occurred but ultimately succumb to their injuries.
A survival action allows the representative of the estate to file a claim or lawsuit on behalf of the individual who could have filed a personal injury claim or suit for their damages before their death.
A survival action allows for the recovery of damages specific to the deceased individual and which were not suffered by their family, such as the decedent’s pain and suffering before death.
How Much Money Can a Wrongful Death Case Recover?
The amount of money a surviving spouse or family member may recover in a wrongful death case can vary widely, depending on:
- The age and state of health of the deceased at the time of death
- The degree of financial support the deceased provided
- The availability and strength of evidence to support the claim
- The amount of dispute over questions of liability and damages
- The financial resources the at-fault party has available to pay damages
For the best chance of recovering maximum compensation in an Eau Claire wrongful death action, seek the services of a skilled wrongful death attorney as soon as possible.
How Much Time Do We Have to File a Wrongful Death Claim?
A law called the statute of limitations sets a time limit on filing a wrongful death claim. In Wisconsin, you typically have three years in which to file a wrongful death action, except if the death resulted from a motor vehicle accident, in which case you have just two years.
The statute of limitations is an expiration date on your legal rights. It is not the suggested date for filing a wrongful death claim. In nearly all cases, you and your family will have the strongest chance of prevailing in a wrongful death case if you seek the advice and services of an experienced Eau Claire wrongful death attorney as soon as possible after the death of your loved one.
Quick action helps to ensure that the attorney can:
- Gather important evidence to support the claim before it goes missing.
- Put parties on notice of the claim.
- Prepare the strongest possible case on your behalf.
Contact the Eau Claire Wrongful Death Lawyers at Nicolet Law Accident & Injury Lawyers Today
Dealing with a wrongful death claim is an unimaginable burden. At Nicolet Law Accident & Injury Lawyers, we understand that no amount of compensation can ever replace the loss of a loved one. However, holding the responsible party accountable can provide a sense of justice and financial relief during this difficult time.
Our Eau Claire personal injury lawyer team is here to support you with compassion, legal knowledge, and a relentless commitment to achieving the best possible outcome for your case.
How we can help:
- Thorough Investigation: We’ll conduct a comprehensive investigation to gather evidence and build a strong case on your behalf.
- Skilled Negotiation: Our experienced attorneys will negotiate with insurance companies to ensure you receive the compensation you deserve.
- Courtroom Advocacy: If necessary, we can take your case to trial and fight for justice in court.
- Emotional Support: We understand the emotional toll of losing a loved one, and we’ll be there to support you every step of the way.
You don’t have to navigate this challenging time alone. Let us shoulder the legal burdens so you can focus on healing. Contact Nicolet Law Accident & Injury Lawyers today at (715) 835-5959 or through our online form for a free, no-obligation consultation. We’re here to help you seek the justice and closure your family deserves.