Experience Superior Wrongful Death Attorney
Losing a loved one is a traumatic ordeal in anybody’s life. However, learning that your loved one died because of another person’s wrongful actions can be an overwhelming and unbearable experience that can forever impact your family. Sadly, these incidents happen every day, leaving families trying to tackle the challenges of not having their loved ones in their life anymore.
Yet, if this situation happened to you, it does not mean you have to endure these devastating hardships on your own. You deserve justice and compensation for the losses you sustained. Fortunately, at Nicolet Law Accident & Injury Lawyers, our attorneys are here to help you. We are ready to take on this legal fight and go after the financial recovery you deserve.
Nicolet Law Accident & Injury Lawyers
The Nicolet Law Accident & Injury Lawyers is a family-owned and operated law firm founded in 2007 to help those who could not help themselves. Today, the firm is known for providing the residents of Wisconsin and Minnesota tailored, trusted, and affordable legal representation and helping neighbors, friends, and community members through difficult times.
As a result of this dedication and drive, the firm has provided legal assistance and guidance to countless clients and secured millions of dollars on their behalf through settlement negotiations and jury verdicts. However, even though we cannot guarantee specific results in every case, when you decide to work with Nicolet Law Accident & Injury Lawyers, you can rest assured that we can fight hard for every last dollar you need.
What Does It Mean to Have a Superior Wrongful Death Case?
In Wisconsin, a wrongful death takes place if another party’s negligence causes a death, and the deceased individual could have filed a personal injury lawsuit to obtain compensation for their losses if they lived.
The idea behind a wrongful death claim is: Although the deceased could no longer bring a personal injury claim, specific individuals can pursue damages for their death in the form of a wrongful death lawsuit.
Generally, a range of events or actions can be the basis of these wrongful death lawsuits, including:
- Negligence-based incidents include motor vehicle collisions, especially on dangerous roadways and intersections, including 12th Street and Hammond Avenue
- Intentional actions
- Medical malpractice incidents
- Defective product accidents
- Premises liability incidents
- Nursing Home Abuse
Which Parties Can Bring a Wrongful Death Claim in Superior?
In Wisconsin, the individuals that can recover compensation following a wrongful death include personal representatives of the deceased individual’s estate or certain family members of the deceased.
The surviving family members who can file a wrongful death claim include:
- The decedent’s spouse or domestic partner
- The decedent’s children or grandchildren
- The decedent’s parents
- The decedent’s grandparents
- The decedent’s siblings
Yet, regardless of which party files the wrongful death claim, if the decedent left a partner or children under 18 years old, the court must set aside a portion of damages for the care of the children. However, when the court is deciding on the amount that needs to be set aside, they will often consider several factors such as the age of the children and the capacity of the surviving partner or spouse. Regardless, this amount cannot be more than 50 percent of the total damages award.
Time Limitations and Superior Wrongful Death Claims
The statute of limitations is a law that dictates the maximum amount of time an individual has to file a claim after an alleged offense. If these individuals do not file their suit within that allotted time, they can be barred from recovering compensation for their harm and losses.
In Wisconsin, a wrongful death lawsuit needs to be filed within three years of the individual’s death. However, there are also exceptions to this rule that can impact this filing period. For instance, if the individual passed away from a car crash, the wrongful death case must be filed within two years of the person’s death.
Following a wrongful death accident, reach out to an experienced Superior wrongful death attorney at Nicolet Law Accident & Injury Lawyers. We can determine the max amount of time you have to file your case and help ensure that your legal motions are adequately prepared and filed before time runs out.
Damages Available in a Superior Wrongful Death Case
Individuals who can bring a wrongful death claim in Superior can pursue certain types of compensation known as financial damages that the court can order the wrongful party to pay.
These damages generally include:
- Burial expenses
- Funeral expenses
- Medical expenses related to the injuries that caused the individual’s death
- Lost inheritance
- Financial losses such as lost income or wages the decedent would have earned had they lived, and
- Loss of companionship and society, up to $350,000 for a deceased adult and $500,000 for a deceased minor
However, punitive damages are not available in a Wisconsin wrongful death case. That is why, to ensure you are going after the maximum compensation you deserve, you should reach out to a knowledgeable Superior wrongful death lawyer as soon as you can. These legal professionals can identify which damages apply to your situation and prepare the strongest case on your behalf, going after the damages you need.
Who Can You Hold Liable in a Superior Wrongful Death Case?
Because every wrongful death claim is unique, various individuals can be responsible for a person’s death.
However, generally, the parties most often responsible for these wrongful death accidents include:
- The at-fault motorist in a deadly car accident
- Manufacturers of defective products that resulted in a person’s death
- Property owners
- Negligent medical care workers
- Other individuals who contributed to an individual’s death
Due to the complexities often involved in determining who was at fault for your loved one’s passing, reach out to a Superior wrongful death attorney, like those at Nicolet Law Accident & Injury Lawyers, as soon as possible. These attorneys can promptly review the accident, figure out what happened and who was at fault, and make sure to hold everyone responsible for your loved one’s passing accountable.
The Steps You Should Take After a Superior Wrongful Death Accident
Even though you may want to leave behind the tragic experience of losing a loved one, seek financial damages for your loved one’s wrongful death and go after the compensation you deserve.
However, before you can collect this financial recovery, you first need to take certain steps after the incident to help ensure that your loved one’s legal rights are protected. These steps include the following:
Obtain a Death Certificate
Before you can proceed with a wrongful death claim in Superior, you need to obtain proof of your loved one’s death. This death certificate can often be acquired from the Douglas County Register of Deeds.
Secure Evidence After the Incident
If possible, you should try to gather as much evidence related to your loved one’s death as you can. This evidence should include pictures of the accident that caused the death, police reports, medical reports, and a copy of bills related to the wrongful death.
In addition, if there are any videos or pieces of evidence that can help show what happened and who may have been at fault for the fatality, you will want to try to obtain those as well.
If there were people who witnessed the accident that caused your family member’s death, you should try to get their contact details and names. Their statements can often provide your lawyer with valuable information regarding the incident, as well as help back up your claim. However, if these individuals do not want to share their personal information with you, do not try to force them. Instead, leave this information gathering to your attorney.
Frequently Asked Questions Regarding a Superior Wrongful Death
After a wrongful death incident, it is common for families and loved ones to have numerous questions and concerns about their legal options and the remedies they can pursue. For these reasons, we have prepared the following FAQs regarding wrongful death claims. We hope that with the below answers, you get the clarity you need regarding what your next legal steps should be.
1. What Do You Need to Prove in a Wrongful Death Case?
Typically, for a successful wrongful death case in Superior, you must prove:
- Your loved one passed away in an accident. This is usually proven through medical records, a death certificate, or other documentation showing that the individual has died.
- The death was due to the wrongful or negligent actions or default of another individual or entity, and
- The event would have entitled the decedent to pursue legal action and recover damages for their losses and injuries had they not died in the accident.
To prove each of these elements, work with a wrongful death attorney at Nicolet Law Accident & Injury Lawyers. These legal professionals can investigate your family member’s passing and find the evidence to prove each of these elements.
2. How Do You Know if You Have a Valid Wrongful Death Claim?
Unfortunately, not every death following an accident leads to a wrongful death claim. As a result, the only way to know for sure whether you have a viable claim is to discuss the incident with a Superior wrongful death lawyer as soon as possible. These attorneys can launch an investigation into your family member’s fatal accident, figure out what happened, and determine whether you have a viable case.
Plus, just because you reach out to one of these attorneys to go over the facts of the case does not mean you are required to do what these lawyers tell you or take any legal action at all. Instead, these lawyers are here to help you understand your legal options, the legal remedies you can pursue, and help you decide if a wrongful death claim is right for you and your family.
3. How Can Nicolet Law Accident & Injury Lawyers Help You After You Lost a Loved One in a Superior Accident?
No amount of money will ever help you truly get over the stress, hurt, and heartbreak of losing a loved one to a tragic accident resulting from another individual’s wrongful actions. However, obtaining compensation for this loss can help you slowly start rebuilding your life and give you the peace of mind that justice has been served.
For these reasons, if you believe you have a Superior wrongful death claim, you should reach out to the wrongful death attorneys at Nicolet Law Accident & Injury Lawyers law firm.
Once retained, our dedicated lawyers can:
- Go over your case, evaluate your claim, and determine what legal steps you should take next.
- Answer all your questions about the case and the legal proceedings involved.
- Thoroughly investigate the Superior wrongful death accident and secure the evidence needed to prove fault and damages.
- Bring in experts, such as financial experts, accident reconstructionists, and doctors to help substantiate your claim.
- File legal motions before the statute of limitations expires.
- Fight for the maximum compensation you deserve.
If your loved one died because of another person’s wrongful or negligent act, hire a wrongful death lawyer in Superior for legal help.
If your loved one died because of another person’s wrongful, intentional, or negligent actions, do not wait to get the legal help you need. Instead, contact Nicolet Law Accident & Injury Lawyers today for a free case evaluation and let our legal team show you how we can help.
1200 Tower Ave.
Superior, WI 54880
Phone: (715) 226-6295