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According to the Centers for Disease Control and Prevention (CDC), accidents are the third leading cause of death in Wisconsin, and Wausau is no exception.
While the word “accident” can refer to a traffic-related accident on one of our busy roadways such as Grand Avenue in Wausau, it can also refer to other unintentional causes of death. Another problem with the word “accident” is that it indicates an absence of fault. In truth, most accidents result from negligence, including human errors and careless or reckless actions.
If you have lost a loved one as the result of someone else’s careless, reckless, or even intentional actions, an experienced Wausau wrongful death lawyer from Nicolet Law Accident & Injury Lawyers can help you understand the process of obtaining compensation for the expenses and profound impacts of your loss.
Our attorneys have gained client and peer recognition for the compassionate and aggressive services they provide to injured clients across Wisconsin, including wrongful death services in Wausau. Contact us online today or call to learn more.
Wisconsin law defines wrongful death as one that is “caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof.”
The legal process by which the family members of the deceased individual can recover compensation through a wrongful death lawsuit. This is a legal claim filed in civil court, generally within three years of the date on which the death occurred unless the accident resulting in death involved a motor vehicle. In cases in which a motor vehicle was involved, the claim must be filed within two years.
As previously mentioned, traffic accidents are not the only type of incident that can result in the filing of a wrongful death lawsuit, though they are a common source of this type of claim. More than 550 people are killed on Wisconsin roadways due to traffic-related collisions each year due to reckless and careless driving practices, including alcohol impairment, speeding, distracted driving, failure to yield, and more.
Wrongful death claims can be filed in cases involving passenger cars, commercial trucks, rideshares or taxis, buses, motorcycles, bicycles, or pedestrians.
Other common types of incidents that can give rise to a Wausau wrongful death claim include:
Not everyone may file a wrongful death lawsuit after losing a loved one.
This legal action is reserved for:
The term “damage” refers to the payment that an individual receives from an at-fault party because of harm.
In Wisconsin, family members or personal representatives who file a wrongful death claim damages such as:
In many cases, a wrongful death claim is accompanied by a survivorship claim on behalf of the estate. A survivorship claim seeks damages for the conscious pain and suffering that the deceased person experienced from the moment of injury until death.
Do you think you are eligible to file a wrongful death claim following the loss of your loved one due to someone else’s careless or reckless actions? Do you have questions about the process? Here are the answers to some of the questions our wrongful death lawyer is asked most often.
Proving liability in a wrongful death case consists of showing:
While there are very limited circumstances in which a workplace injury would give rise to a lawsuit against the employer, the vast majority of workplace injuries will be compensated through Wisconsin’s workers’ compensation program.
Workers’ compensation is a no-fault insurance policy that nearly all employers in Wisconsin are required to provide for their employees. This policy provides medical treatment and wage replacement for injured workers and death benefits for the beneficiaries of individuals who are killed on the job.
The limited circumstances in which a person would be permitted to step outside of the workers’ compensation process to pursue damages in a wrongful death lawsuit include situations in which the deceased was injured as the result of a third party’s actions. A third party would refer to someone who was not the deceased person’s employer or co-worker. An example would be a delivery driver who is killed on the job as the result of a transportation accident that is caused by an unrelated driver on the roadway.
Nicolet Law Accident & Injury Lawyers is pleased to provide services to Wisconsin workers’ compensation applicants, and can help determine the appropriate avenue for your case, as well as seeking compensation for your loss through the workers’ compensation process.
Because a case’s value is determined based on the unique facts of the deceased person’s situation—such as how much he or she earned at work or how long he or she lived with and received treatment for the injuries that resulted in death—there really is no average compensation in these cases.
These factors, however, can affect the value of your case, such as:
Generally, no. Because wrongful death cases arise from injuries or illness, the Internal Revenue Service does not consider the money obtained in compensation to be income. There are two general exceptions to this rule, of which only one applies to claimants in Wisconsin.
Those exceptions include:
We are happy to discuss the tax implications of any settlement or judgment we secure for you.
An experienced Wausau wrongful death lawyer from Nicolet Law Accident & Injury Lawyers provides valuable experience and understanding, both of the process of obtaining compensation through a wrongful death case, as well as the needs of survivors that often get overlooked when determining a value to your case.
We are passionate about ensuring that the rights of our clients to be compensated for their losses are upheld. While we fully understand that no amount of compensation can replace the love, guidance, and companionship that your loved one provided, compensation is crucial for your family as you venture forward from here.
Some of the services we provide for our clients include:
Wausau is our home too, which is why Nicolet Law Accident & Injury Lawyers are proud to represent our neighbors seeking justice following the unimaginable loss of a loved one. To speak with a compassionate Wausau wrongful death attorney, contact us online today or call us at (715) 716-5092.
408 3rd Street
Wausau, WI 54403
Phone: (715) 716-5092