Wrongful death occurs when a person dies due to the negligence or intentional actions of another. This could be due to a car or truck accident, medical malpractice, nursing home negligence, a deliberate act of violence, or an accident at the workplace. Unlike an accidental death, wrongful death is due to another party's negligent or intentional acts rather than non-intentional circumstances. If your loved one was killed due to negligence, it's important to get the legal guidance and representation of an experienced wrongful death lawyer in Wausau, WI.
At Hupy and Abraham, our attorneys can help you prove that your loved one's death was caused by someone else's negligence or recklessness and ensure that you receive the compensation that you deserve for your medical expenses, lost wages, and pain and suffering, and more.
How Do You Prove Wrongful Death?
In order to win a wrongful death lawsuit in Wisconsin, you must be able to prove that your loved one died as a direct result of another person's negligence or intentional act. In other words, you must show that had it not been for the other party's actions or inaction, your loved one would still be alive today.
In order to prove wrongful death in Wisconsin, there are several elements that must be established, including:
- Your loved one’s death was caused by the negligent or intentional act of another
- Your loved one suffered damages before their passing
- The surviving family members have sustained damages as a result of their loss
It is essential that you work with a Wausau wrongful death lawyer who can help you gather evidence and demonstrate that there was indeed negligence on the part of the other party. Evidence to preserve could include the following:
- Documentation such as medical records or accident reports
- Testimony from eyewitnesses or experts, such as medical professionals
- Photos or video from the accident scene
- Physical evidence from the scene of the accident
Why You Need a Wausau Wrongful Death Lawyer
Losing a loved one is life-altering and heartbreaking. If the death was caused by someone else's negligence or intentional misconduct, it could be even more challenging to process. It's essential to seek the assistance of an experienced wrongful death lawyer in Wausau if you believe that the death of your loved one was due to another party’s fault. Here are some reasons why:
- Seek justice for your loved one. A wrongful death attorney will fight hard to ensure you receive the compensation you deserve and are entitled to under the law.
- Protect your rights. A qualified wrongful death attorney will protect those rights and make sure that you receive all of the benefits to which you are entitled. This includes compensation for medical expenses, lost wages, funeral costs, pain and suffering, loss of companionship or consortium, and other damages related to the death of your loved one.
- Navigate complex legal issues. Wrongful death cases involve complicated legal issues that must be navigated carefully in order for survivors to get the justice they deserve. An experienced attorney will understand these issues and be able to provide guidance on how best to proceed with your case so that you get what you need from it.
- Represent you at trial. If the wrongful death claim is not settled with the insurance company, our Wausau wrongful death attorney will represent you at trial and fight to get you the settlement you deserve.
How to Find the Best Wrongful Death Attorney in Wausau
When it comes to finding the best wrongful death attorney in Wausau, WI, to help you with your claim, it is essential to choose a lawyer who has experience and works for a reputable firm with a long track record of success. For example, the attorneys at Hupy and Abraham have been serving personal injury victims in Wausau for over 40 years.
One way to find an experienced lawyer who specializes in handling wrongful death cases is to ask for referrals from friends or family members who have gone through similar experiences themselves and were happy with their lawyer’s services. You may also consider using a lawyer you know or have used for another case.
You can also look online for reviews and testimonials from previous clients or check out a lawyer’s case results to find examples of what other wrongful death clients have been awarded as settlements for their cases. In addition, you can find out how a lawyer is regarded in the community by looking at their awards and accolades.
Finally, once you narrow down your choices, you will want to schedule a free consultation to meet a potential lawyer. During this initial meeting, ask plenty of questions since the answers can help when making a final decision. You will want to choose a lawyer you feel comfortable talking to and who is willing to answer your questions.
How to File a Wrongful Death Lawsuit
If you believe that your family member's death was caused by someone else's negligence or intentional act, you have the right to pursue compensation by filing a wrongful death lawsuit in Wisconsin. Before filing this type of lawsuit, it is important to consult with an experienced lawyer who understands Wisconsin law and can determine if you have sufficient evidence to make a successful claim. The attorney will then help guide you through every step of filing your claim and make sure all paperwork is filed correctly and on time.
Since only those with a legal relationship with the deceased can file a wrongful death lawsuit, you will need to consult with an attorney to determine if you have legal standing to do so. If there is no established legal relationship, you will not be able to file a claim on their behalf.
What Damages Can You Collect After a Wrongful Death?
A lawyer will not only determine if you have a right to file a claim but will determine your need for financial compensation for damages such as the following:
- Medical expenses
- Funeral costs
- Pain and suffering
- Loss of companionship
- Lost wages
When to Hire a Wrongful Death Lawyer in Wausau
It’s important not to wait too long after your loved one’s passing before seeking legal advice from an experienced attorney in Wausau who specializes in handling wrongful death cases. There are strict time limits in place when it comes to filing these types of claims, so you don't want to miss out on any potential opportunities by waiting too long before consulting with an attorney.
In Wausau, there is a specific period to file a wrongful death lawsuit. If your loved one’s death was caused by negligence or wrongful acts not involving a motor vehicle, the statute of limitations for filing a wrongful death claim in Wisconsin is three years from the date of the person’s death. If the death was caused by a car accident, the statute of limitations is two years from the date of the person’s death. If you fail to file a wrongful death claim within the required time frame, it will be dismissed by the court, and you will not be able to pursue compensation.
Therefore, it is important to contact a wrongful death lawyer as soon as possible. A wrongful death lawyer will ensure that you meet any necessary deadlines and that your lawsuit is filed within the required statute of limitations for the type of death that happened.
Contact Our Wausau Wrongful Death Attorney for a Free Consult
For more information on how our law firm, Hupy and Abraham, can help you with your claim, contact us today to schedule a free, no-obligation initial consultation. We will work closely with you throughout the legal process to give you the support that you need. To set up a confidential appointment with our wrongful death lawyer in Wausau, WI, you can fill out our convenient contact form online or call us at 1-800-800-5678.