Losing a loved one is an incredibly painful experience, but it becomes even more devastating when their death is caused by someone else's negligence or intentional actions. Pursuing justice and holding the responsible parties accountable in such tragic circumstances becomes vital. At Hupy and Abraham, our Appleton wrongful death lawyer has the experience and compassion to guide you through the legal process and help you seek the compensation and closure you deserve.


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What is a Wrongful Death?

A wrongful death occurs when an individual dies due to another person's negligence, recklessness, or intentional wrongdoing. Wrongful death cases in Appleton, WI, can arise from various situations, including the following:

How Do You Prove Wrongful Death?

To establish a wrongful death claim in Appleton, you must be able to prove that your loved one’s death was due to another party’s negligent or intentional act. Proving wrongful death can be a complex and challenging process. Consulting with an Appleton personal injury lawyer who specializes in wrongful death cases is highly recommended to help you through this process so your family can seek the compensation and justice you deserve.

Some of the key factors that are needed in building a strong wrongful death case include:

  • Duty of care. The first step is to demonstrate that the defendant owed a duty of care to your loved one and was legally obligated to act reasonably and responsibly towards the deceased.
  • Breach of duty. Next, you must establish that the defendant breached their duty of care. This involves demonstrating that the defendant's actions or omissions fell below the standard of care expected in the given circumstances.

To have a successful wrongful death claim, you must prove that the surviving family members suffered damages due to the death of their loved one. These can be both economic and non-economic damages.

Collecting and presenting relevant evidence is crucial in proving a wrongful death claim. Evidence that may be used to support your claim includes:

  • Appleton wrongful death lawyerMedical records
  • Police reports
  • Witness statements
  • Expert opinions
  • Photographs and videos

Working with an experienced Appleton wrongful death attorney can help ensure that all necessary evidence is gathered and properly presented.

When to Hire an Appleton Wrongful Death Lawyer

Navigating the legal challenges of a wrongful death case can be overwhelming, especially when dealing with the emotional strain of losing your loved one. It is vital to hire an experienced Appleton wrongful death attorney as soon as possible to ensure your rights are protected and to have the best chance of achieving a favorable outcome.

Another reason not to wait to hire a lawyer for a wrongful death claim is the statute of limitations. In Wisconsin, the deadline for filing a wrongful death lawsuit is three years from the date of your loved one’s passing. After this deadline, the court will dismiss your case, and you will no longer be able to recover compensation for your loss.

Hiring a wrongful death lawyer as soon as possible also ensures that valuable evidence that can be used to support your claim will be preserved. If you wait too long to hire an attorney, the needed evidence may no longer be available.

How Does a Wrongful Death Lawsuit Work?

To file a wrongful death lawsuit, you must first establish that you have the legal right to do so.

According to Wisconsin's wrongful death statute (Wisconsin Statutes section 895.04), individuals such as the following are generally eligible to bring a wrongful death claim:

  • Surviving spouse
  • Children
  • Parents
  • Guardians

Once you establish the legal right to file a wrongful death claim, the next step involves initiating the claim by submitting a complaint to the court. This complaint serves as the formal start of the lawsuit, providing a comprehensive account of the case's details and identifying the individual being sued. The defendant will then have the opportunity to respond to the complaint. The lawsuit proceeds through various stages, including discovery, negotiation, and, if necessary, trial.

During the discovery phase, both parties gather evidence, interview witnesses, and exchange relevant information. This helps build a strong case and establishes liability. Negotiations may take place to explore the possibility of a settlement, but if an agreement cannot be reached, the case may proceed to trial. A skilled Appleton wrongful death attorney will represent your interests throughout the entire process, advocating for fair compensation and justice for your loved one.

contact our wrongful death attorney in Appleton

What Does a Wrongful Death Lawyer Do?

An Appleton wrongful death lawyer has extensive knowledge and experience in this area of law, and their primary responsibilities include:

  • Case evaluation. A wrongful death attorney will review the details of your case, assess its strengths and weaknesses, and provide a fair and honest assessment of your legal options.
  • Gathering evidence. An attorney will conduct a thorough investigation, collect evidence, and consult with experts to establish liability and the extent of damages.
  • Negotiate a fair settlement. A skilled attorney will negotiate with the opposing party or their insurance company to pursue a fair settlement that sufficiently compensates you for your losses. Insurance companies often want to settle your claim for less than what it is worth, and an attorney will ensure your rights and compensation are protected and fight to ensure you get what you deserve.
  • Represent you in court. If your case does not settle with the insurance company and goes to trial, your attorney will be your advocate and guide in the courtroom. They will represent your interests and ensure you get a full and fair settlement.

If another party is found responsible for your loved one’s death, a wrongful death attorney will help ensure that you and your family receive the financial compensation you deserve. You could be awarded the following damages for your loss:

  • Funeral and burial expenses
  • Lost wages and benefits
  • Pain and suffering
  • Loss of companionship
  • Out-of-pocket costs

How to Find the Best Wrongful Death Lawyer in Appleton

Losing a loved one due to someone else's negligence or intentional actions is a devastating experience. However, with the help of a knowledgeable and compassionate Appleton wrongful death attorney, you can seek justice and hold the responsible parties accountable. When searching for the best wrongful death attorney in Appleton, consider the following:

  • Experience and expertise. Look for an attorney with extensive experience handling wrongful death cases and a record of successful cases. You can look at a lawyer’s case results to see the types of settlements they have secured for other clients.
  • Reputation and credibility. Research the attorney's reputation within the legal community and among past clients. Read client reviews and testimonials and seek recommendations from friends, family members, or colleagues. You may even want to consider using an attorney you already know. You may also want to consider how the attorney is regarded in the community and whether they have received awards or accolades. At Hupy and Abraham, we have been voted and rated best year after year.
  • Compassion and empathy. Dealing with a wrongful death case requires sensitivity and empathy. Choose an attorney who demonstrates genuine care for your well-being and understands your emotional challenges.
  • Communication and accessibility. Effective communication is vital in any attorney-client relationship. Ensure that the attorney is responsive, keeps you informed about the progress of your case, and is readily available to address your concerns.
  • Consultation and fee structure. Most wrongful death attorneys offer a free initial consultation to discuss your case. At this consultation, you can ask questions about their fee structure, including contingency-based fees, where the attorney only collects a fee if they win your case. At Hupy and Abraham, we offer a Win or It’s Free Guarantee.

Contact Our Appleton Wrongful Death Attorney for a Free Case Evaluation

If you lost a loved one due to a wrongful death in Appleton, contact our experienced lawyers at Hupy and Abraham. We are available for a free, no-obligation consultation to discuss your case and offer a Win or It’s Free Guarantee. We will work closely with you throughout the legal process to give you the support you need.

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To schedule a confidential appointment, please fill out our convenient contact form by clicking the button above or call us at 800-800-5678.