Wausau Wrongful Death Lawyers

Proving liability in a wrongful death case consists of showing:

• The at-fault party owed your loved one a duty of care, which is defined as the actions that a reasonable person would take in similar circumstances.
• There was a breach in the duty of care. The breach refers to the actions that the at-fault party took that were contrary to the breach of care that was owed.
• The breach in the duty of care caused the accident which resulted in your loved one sustaining injuries that he or she did not survive.

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:

• How much insurance the at-fault party has. Insurance is the primary means by which accident settlements and awards are paid. While it is possible to sue an uninsured person, and even to obtain a judgment in your favor, it would be difficult to collect on the judgment as most uninsured individuals are not prepared to pay for the expenses and impacts of a wrongful death.
• Whether your loved one had any liability for the accident. Not all accidents are so cut-and-dried as to feature a single liable party and a single victim. In truth, there can be several sources of liability. If your loved one was partially responsible for the accident that resulted in his or her death, you can still file a wrongful death claim and seek compensation from other liable parties.
• Where your loved one was at in his or her career. Much of the compensation awarded in wrongful death claims hinges on wage replacement and earnings that the deceased would have reasonably been expected to make through the course of his or her career. Because of this, many times the values are higher for cases involving individuals who are in the midst of their career as they were earning more—and their beneficiaries likely will lose more—than a young person with little work experience or a retired person who is no longer earning an income.
• Your patience. A quick settlement is possible in many cases. However, a fair settlement that ensures you have enough compensation to meet your needs now and in the future takes time and negotiation. Often the best settlement offer comes just before the trial begins.

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:

• Punitive damages, which are awarded not due to the injury and expenses themselves, but to punish a defendant for particularly reckless behavior. This is not a worry for Wisconsin claimants, as punitive damages are not available in the state’s wrongful death cases. They are, however, available in survivorship claims, meaning that you should speak with a tax professional about your potential tax liability for this portion of your award if you receive punitive damages through a survivorship claim.
• If you deducted your deceased spouse’s medical expenses for the treatment of his or her final injuries and then later received compensation for medical expenses through a wrongful death claim, you will be expected to repay the cost of the deduction you took.

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:

• A free, no-obligation case evaluation, which is time you have to speak with one of our attorneys and learn more about your legal options.
• A valuation of your case based on the expenses and impacts you have already experienced because of your loved one’s loss, as well as those you will likely face in the future.
• A determination of all sources of liability and all insurance resources that can be accessed to provide your compensation.
• Skilled negotiation with the at-fault party’s insurance provider to garner a fair settlement offer on your behalf.
• The timely filing of all court-required paperwork and attendance at pre-trial conferences and hearings.
• The collection of witness testimony and evidence needed to prove your case in court if there is not a fair settlement offer made.
• Litigation.
• Assistance collecting your settlement or award.

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.