Answers to Commonly Asked Questions About Wisconsin Wrongful Death Accidents and Recoveries

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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

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  • My loved one had a pre-existing condition at the time of the accident that killed him. Does my family still have a potential Milwaukee wrongful death lawsuit?

    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.

  • Can a Milwaukee doctor be sued for wrongful death?

    Yes, in some cases you may be able to bring a lawsuit against a Milwaukee doctor for wrongful death. In order to bring a wrongful death case against a Milwaukee doctor, you and your Milwaukee wrongful death lawyer must file a formal complaint within the statute of limitations. Generally, you have three years from the date of the action or lack of action which you believe constituted medical malpractice, though exceptions to that rule may apply.

    When your Milwaukee wrongful death attorney files a formal complaint alleging that medical malpractice killed your loved one, the complaint will state that:

    • The doctor had a duty to your loved one. If your loved one was a patient of the doctor, then this element is typically satisfied.
    • The doctor failed to act with reasonable care in the treatment of your loved one. This may be vigorously contested.
    • That the doctor’s negligence caused your loved one’s death. This may also be vigorously contested.
    • That you are entitled to damages pursuant to the Wisconsin wrongful death law.

    If you are successful in your case against a Milwaukee doctor, then the doctor—or the doctor’s malpractice insurer—may be required to compensate you for your loved one’s medical expenses, funeral costs, lost income, and pain, and for your own suffering.

    For more information, please contact our experienced Milwaukee personal injury lawyers today at 1-800-800-5678 or 414-223-4800 and please request a complimentary copy of our FREE DVD: The Secrets Insurance Companies Don’t Want You to Know.

  • What should I do if I believe I am the victim of a Wisconsin pharmacy mistake?

    Each year more than 1.3 million pharmacy mistakes are reported in the United States. It is estimated that at least three times as many medication errors go unreported. The problem is expected to only get worse.

    Medication mistakes are the sixthleading cause of death in the United States. Ten thousand people die every year from prescription errors and thousands more suffer life-altering injuries, including:

    • Brain injuries
    • Coma
    • Nerve damage
    • Paralysis
    • Strokes
    • Uncontrollable bleeding
    • Heart attacks
    • Hearing loss
    • Blindness
    • Incontinence
    • Movement disorders
    • Breathing problems

    If you believe you or a loved one is suffering from a medication mistake, call your doctor or go to the emergency room right away. Call 911 if there is any difficulty breathing or any loss of consciousness. Bring the medication and a list of all the medications that you are talking, including any herbs, vitamins, or supplements.

    Every day, someone is hurt by a pharmacy error in Wisconsin. Personal injury lawsuits allow victims of medication mistakes to hold the doctors and pharmacists responsible for their injuries accountable.

    To learn how a Wisconsin pharmacy error injury claim can help you get compensation for you medical bills, pain and suffering, lost wages, and other damages, contact a Green Bay personal injury attorney. To schedule a free consultation with the medical mistake lawyers at Hupy and Abraham call us at 800-800-5678.

  • What is Social Host Liability in Wisconsin and how does it differ from dram shop liability?

    In Wisconsin, social host liability and dram shop liability apply only when an intoxicated minor causes injury or death in a Wisconsin car accident. In the event that a person under 21 causes an OWI (operating while intoxicated) death or injury, the person or establishment who provided the alcohol may be held liable for damages related to the accident.

    A social host refers to an adult who knowingly and willingly provides an underage person with alcohol at his home or property. A social host may be a parent who allows teens to drink in her home, an adult who provides alcohol for a teen party, or even an older sibling who allows his brother to use his ID to purchase beer. Under Wisconsin social host liability law, the adult who provided the alcohol can be sued for negligence.

    Wisconsin dram shop law is similar to social host liability; however, instead of applying to individuals, dram shop law applies to bars, restaurants, liquor stores, and other businesses that illegally provide alcohol to minors.

    When a teen causes a Wisconsin OWI accident, it is important to know how the driver obtained the alcohol. The person or establishment that provided the drink shares liability for the crash.

    If you have lost a loved one in an accident caused by an intoxicated minor in Wisconsin, you deserve justice.  Our Wisconsin wrongful death attorneys will work hard to make sure that those who responsible for your loss are held accountable. To learn more, contact the Wisconsin personal injury lawyers at Hupy and Abraham at 800-800-5678. The initial consultation is free.

  • What are punitive damages in Wisconsin?

    If you are filing a Wisconsin wrongful death claim after the death of a loved one, you may have been told to seek punitive damages. Punitive damages refer to a monetary amount that is awarded solely for the purpose of punishing the defendant for the actions that caused the death and deterring him and others from similar behavior in the future. Unlike compensatory damages—those damages that cover medical bills, burial costs, economic losses, and pain and suffering—punitive damages are not meant as reimbursement.

    Punitive damages are not awarded in every Wisconsin wrongful death case. In Wisconsin, punitive damages are only awarded if the plaintiff and his attorney can prove that the defendant acted with the intent to cause injury to the victim, or that the defendant knew that injury was a likely result of his or her actions. For example, it is well known that driving drunk greatly increases the risk of a fatal accident. A driver who chooses to get behind the wheel while intoxicated is knowingly putting the lives of others at risk.

    In Wisconsin punitive damages are capped at twice the amount of compensatory damages or $200,000, whichever is greater.

    Factors that can influence the amount of a Wisconsin punitive damage award include:

    • How reprehensible the wrongdoing was. For example, a driver with a history of drunken driving offenses might be expected to pay more punitive damages than a distracted driver.
    • The amounts of punitive damages awarded in similar cases.
    • The amount of economic damages.

    To learn more about the damages available to families of Wisconsin wrongful death victims, contact the Milwaukee wrongful death lawyers at Hupy & Abraham at 800-800-5678. We will be able to give you information specific to your case. The initial consultation is always free.

  • My spouse was killed in a Milwaukee auto accident. Is there any reason not to file a Wisconsin wrongful death claim?

    While losing a loved one to a car accident is wrong, not every fatal motor vehicle accident in Wisconsin qualifies as a wrongful death. However, if you believe that someone else’s negligence or recklessness contributed to your husband’s death case, it is a good idea to discuss your loss with an experienced Wisconsin wrongful death attorney. The wrongful death lawyer will be able to tell you if you and your family have a claim.

    If your family’s loss was caused by a drunk, distracted, or reckless driver, there is a good chance that you will be able to recover damages for your husband’s medical expenses from the accident, his funeral expenses, any out-of-pocket expenses related to the loss, past and future lost income, and for your family’s pain and suffering. In some situations, you may also be able to recover punitive damages. Punitive damages are economic awards that are designed to punish those who intentionally risk the lives of others.

    No amount of money can replace your husband, but a wrongful death lawsuit can help your family survive the economic consequences of his sudden death. The lawsuit can also help you obtain a sense of accountability for your loss. Many families find that a wrongful death lawsuit helps them as much emotionally as financially.

    For more information, please call our Milwaukee personal injury lawyers today at 800-800-5678 and ask to schedule a free legal consultation.

  • I’m trying to put together an Illinois wrongful death claim. How do I know who was at fault if I’ve lost a family member in an Illinois auto accident?

    Losing someone who is close to you is extremely painful, no matter the cause. Losing a loved one due to someone else’s mistake is not only painful but also infuriating.

    If you are dealing with a wrongful death, you may be hurt, angry and confused. Auto accidents happen in a matter of seconds, and it can take investigators months to piece together exactly what happened and why.

    Sometimes you know exactly who is to blame. If, for example, a drunk driver lost control and smashed into your family member’s vehicle, there is little doubt in your mind what caused your loved one’s death and whom to sue in a Illinois wrongful death claim.

    Unfortunately, it’s not always so easy to determine the cause of the accident. For example, whom do you list as a defendant in a Rockford accident where:

    • The other driver also died.
    • Multiple drivers and injuries were involved.
    • A commercial vehicle was involved.
    • Poorly constructed roads or road construction was a factor.
    • Bad weather was a factor.
    • An air bag failed to deploy.
    • Your loved one was partly to blame.

    If you’re unsure how to proceed with a confusing wrongful death claim, you may want to contact a skilled Rockford wrongful death attorney who can investigate your situation and help you put together a proper lawsuit.

    Call Hupy & Abraham at 866-532-4800 to see how we can help you get a better settlement. When you come in, don’t forget to pick up a copy of our book, The Ultimate Guide For Automobile Accident Victims.

  • Are all accident deaths wrongful deaths in Wisconsin?

    No. While many fatal accidents may lead to successful Wisconsin wrongful death recoveries, not all fatal accidents are wrongful deaths. In order to bring a wrongful death case you must have a legal cause of action. Generally, if the death was the result of someone else’s negligent or intentional actions, then you may be able to recover damages. However, if the accidental death was solely the result of your loved one’s own negligent or intentional acts, then you may not be able to recover.

    It can often be complicated to determine whether someone else was responsible for an accidental death. Thus, it is usually important to contact a Milwaukee wrongful death lawyer for a free consultation about your case and potential legal rights. An experienced Milwaukee wrongful death attorney will review the circumstances of your loved one’s death and give you an accurate assessment of your legal right and potential recoveries. Then, together, you can decide whether you want to pursue a wrongful death lawsuit.

    If you are ready to take the first step to protecting your potential legal recovery by understanding your legal rights then we encourage you to contact our experienced Milwaukee accident death attorneys directly via our website or at 1-800-800-5678 or 1-414-223-4800. We would be pleased to provide you with a free consultation.

    Additionally, we encourage you to learn more about how insurance companies may try to prevent your just recovery by ordering our FREE DVD: Secrets Insurance Companies Don’t Want You to Know.


  • I recently lost my husband in a tragic car accident. He was driving from one job to another in the middle of the day when another driver ran a red light and hit him head-on. Not only do I grieve him every minute, but I am afraid I won’t be able to support our three young kids, since he was the breadwinner. I am also scared that they will grow up without the protection of their father. Will the at-fault party’s insurance adjustor consider this?

    First of all, we are terribly sorry for your loss. It is never easy to deal with tragic accidents like this one, but we applaud your bravery for standing up and asking the tough questions in the name of your family. 

    While we cannot give you an exact answer since we do not know all of the specifics of your case, we can tell you that in any Wisconsin wrongful death claim there are certain circumstances that should always be considered. 

    It is important that the Wisconsin accident lawyer you choose to represent you for your husband’s loss makes sure that the following Milwaukee wrongful death claim damages are addressed:

    • The loss of income that your family is experiencing due to his passing
    • The cost of his funeral and burial expenses 
    • The loss of companionship, protection, love, and affection that you and your children will no longer be able to experience from him
    • The cost of any medical bills—his and those of your family—that are directly related to his fatal accident
    • The pain and suffering that you and your children must endure because of his death 

    It is never easy dealing with the loss of a loved one, and our thoughts are with you. We encourage anyone facing a similar situation to contact Hupy and Abraham toll-free at 800.800.5678 for a confidential and complimentary case evaluation so that you can learn your legal rights. 

  • My mother died while a patient in the hospital. I suspect that she wasn’t receiving proper treatment. How do I know if I have a Wisconsin medical malpractice claim?

    Not all hospital deaths qualify as medical malpractice; however, medical malpractice is the leading cause of wrongful death in Wisconsin.

    To file a Wisconsin medical malpractice claim, you must show that a medical professional or medical facility made a mistake or acted negligently and that your mother’s death was caused by that mistake or act. The best way to determine if you have a Wisconsin medical malpractice claim is to discuss your case with a Wisconsin injury lawyer with experience in medical malpractice claims. The attorney will be able to tell you if you qualify to file a Wisconsin medical malpractice lawsuit and if you qualify to receive compensation for your family’s loss.

    Common types of medical malpractice claims in Wisconsin include:

    • Failure to diagnose
    • Misdiagnosis or wrong diagnosis
    • Failure to treat
    • Improper or unconventional treatment
    • Failure to refer to a specialist
    • Medication or pharmacy errors
    • Birth injuries
    • Emergency room errors
    • Surgical mistakes and wrong side surgery
    • Untreated infections
    • MRSA
    • Nursing home neglect
    • Dental malpractice
    • Chiropractic malpractice
    • Physical or sexual abuse by a medical professional

    If you suspect that your loved one’s death was caused by medical malpractice, don’t hesitate to contact a Wisconsin medical malpractice attorney. Wisconsin medical malpractice claims must be filed within three years after the death. To schedule a free consultation with a Wisconsin injury lawyer, contact Hupy and Abraham at 800-800-5678