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How to Protect Your Rights After Your Loved One Dies in a Wisconsin Truck Accident
There is no right way or wrong way to handle things after the accidental death of a parent, spouse, child, or sibling. Our wrongful death lawyers certainly wouldn’t tell you that you have to do things a certain way after a fatal truck accident takes the life of your loved one. The choice about what to do next is yours to make, and you have to do what is best for you and your family. If you feel overwhelmed or unsure about what to do next, we encourage you to learn more about your options.
6 Things You Can Do If Your Loved One Died in an Accident
In the days and weeks following the fatal accident, we encourage you to:
- Plan the service that is right for your family and honors your loved one
- Take time to grieve
- Get the emotional support that you need
- Plan for your family’s financial future
- Consider honoring your loved one through a particular scholarship, fund, or other charitable endeavor
- Make sure your legal rights are protected
Different families will proceed through these steps at different paces. It is not necessary to plan everything the day that you receive the phone call that changes your whole world. However, your time to take legal action is limited. Therefore, learning about your rights as soon as possible is essential.
Do You Have a Wrongful Death Claim?
If your loved one was killed because of someone else’s negligence, then you may have a wrongful death claim. To recover damages in a wrongful death case, you will need to prove that:
- The trucker owed your loved one a duty of care. Each driver on the road owes every other driver a duty of care.
- The trucker breached the duty of care by failing to act like a reasonable trucker would in similar circumstances. For example, if the trucker was driving too fast for the road conditions, was distracted, or failed to act like a reasonable truck driver, the trucker may have breached the duty of care.
- The breach of the duty of care caused your loved one’s death. In other words, your loved one died because of the injuries he sustained in the accident.
- You have standing to sue. State law determines whether you are allowed to bring a wrongful death case.
If these elements of a wrongful death case are met, then you may be able to recover damages for your loved one’s death.
An Investigation Will Determine if You Have a Wrongful Death Case
An investigation will look into all possible causes of your loved one’s death, including:
- Driver error
- Truck company policies
- A truck manufacturing error
- A truck maintenance error
The cause of the accident and the person, persons, or company that is legally responsible for your loved one’s death can be identified based on the results of the investigation. It is, therefore, important to find out why the accident occurred and who may be responsible for helping you recover damages.
Wisconsin Wrongful Death Damages and Recoveries
An experienced fatal accident lawyer can investigate the accident, advise you of who may be legally liable, and help you understand your legal rights and potential recovery. If someone else’s negligent or deliberate actions caused your loved one’s death, then you may be able to recover wrongful death damages for:
- Funeral expenses
- Medical costs incurred before death
- Out-of-pocket costs
- lost income
- pain and suffering
More importantly, you will have peace of mind knowing what happened.
Other families have already decided to hire the Wisconsin wrongful death lawyers at Hupy and Abraham to represent them. Here is what some of them say about working with us:
- “I am beyond thankful for everything you guys were able to do. Took one of the worst days of my life and made it feel like I had a helping hand to get through it.” – A. Merkel
- “Thank you for handling my case. Most of all, thank you for your condolences at my most difficult time at the loss of life partner, husband and best friend.” - Another Satisfied Client
- “I tell everyone I speak with, my attorney at Hupy was awesome. He was caring, considerate, knowledgeable, sweet, he truly cared about me—not just the money. He took his time actually speaking with me on the phone and completely surpassed my expectations. Thank you so much. I really appreciate it.” -Catherine W.
