Yes. If the accident, or resulting accident injuries, were the cause of your loved one’s death then you may be able to recover damages in a wrongful death case. The person who killed your loved one should not be exempt from legal liability simply because your loved one had a pre-existing condition.

However, it is possible that the pre-existing condition may be relevant to the amount of damages that you are able to receive. Your loved one’s reasonably foreseeable life expectancy will be an issue in determining how much your family may be able to recover for future lost income and other damages. That said, you may still be able to recover for both future lost income and other damages as well as past damages including medical expenses, funeral expenses, out-of-pocket costs, and pain and suffering.

In order to determine how your loved one’s pre-existing condition will factor into your recovery, we encourage you to contact an experienced Wisconsin wrongful death attorney today. Our Milwaukee wrongful death lawyers are sympathetic to what your family is going through and we want to help you during this difficult time.

Please do not rely on the information provided by insurance companies, which may or may not be accurate. Instead, please call our Milwaukee wrongful death law firm directly at 1-800-800-5678 or 414-223-4800 and request a copy of our DVD, Secrets Insurance Companies Don’t Want You to Know, for FREE on our website.

Jason F. Abraham
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Managing Partner, Hupy and Abraham