A document titled comparative negligence with a judge's gavel

Yes, in some cases, you may still pursue a Wisconsin wrongful death lawsuit even if your loved one was partly at fault for the fatal accident.

Comparative Negligence Law Applies

Wisconsin law provides that a personal representative may still bring a wrongful death action even if the person who died was negligent, as long as the person who died was less than 51% responsible for the accident. If your loved one bore some responsibility for the accident but was not primarily responsible for the accident, then the personal representative may file a wrongful death lawsuit. In this situation, your damages will be reduced by the percentage of fault attributed to your loved one. However, if your loved one was primarily responsible for the accident, then wrongful death damages will not be awarded.

Accordingly, liability and the percentage of liability attributed to each party are often contested in wrongful death cases.

Protect Your Fair Recovery in a WI Wrongful Death Case

You are already going through an extremely stressful time. As you mourn and adjust to life without your loved one, you don't need the added stress of fighting with the insurance company about who was responsible for the accident and what your recovery should include.

Instead, we encourage you to contact our experienced Wisconsin wrongful death lawyers. Insurance companies know that we mean business and are often willing to settle the wrongful death claims we bring fairly. The insurers know that we will not stop advocating for our client's rights until fair compensation is recovered and that we will not hesitate to go to court if necessary.

We will thoroughly review all of the evidence to find out why the accident occurred and who was responsible so that your family can recover the financial damages that you deserve. Your recovery may include compensation for medical expenses, funeral costs, lost income, pain, suffering, and other damages, up to the percentage of fault attributed to the defendant in your case.

Please contact us today to schedule a free consultation in our Milwaukee, Appleton, Green Bay, Madison, or Wausau office, in your home, or by phone or video conference.


Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.