Nothing can prepare you for the pain of losing a loved one in a car accident. When another party is responsible for the crash, Wisconsin law allows eligible individuals to file a wrongful death claim demanding compensation for their loss. But often, the thought of filing a lawsuit falls low on the list of priorities for mourning families. An experienced fatal car accident lawyer in Wisconsin can pursue justice for you while you work through your grief.
At LawtonCates, we have nearly 60 years of experience securing justice and financial relief for injured people in South Central Wisconsin. Our personal injury attorneys strive to deliver maximum compensation that makes a meaningful difference in our clients’ lives. We have a history of recovering top-dollar verdicts and settlements, including $2.3 million in a Federal Tort Claim for wrongful death and $1.3 million in another wrongful death case.
When you come to us for help after a fatal car accident, rest assured that we know what’s at stake. You can count on our car accident lawyers to treat your case with the care and respect it deserves. Call or contact us today for a free consultation.
Wrongful Death Claims After Car Accidents in Wisconsin
In Wisconsin, a wrongful death occurs when a person dies due to someone else’s negligent actions. State law provides that the decedent’s personal representative or a party to whom the recovered amount would belong may file a wrongful death claim. These include a surviving spouse or domestic partner, child, parent, or guardian of the deceased. Essentially, a wrongful death claim is the personal injury case the victim could have filed if they survived the car crash.
Common Causes of Fatal Car Accidents in Wisconsin
The most recent car accident statistics from the State Department of Transportation report an average of 419 fatalities occur annually on Wisconsin roads. Although an auto accident can happen under many circumstances, common causes of fatal car accidents include:
- Speeding – Excessive speeds reduce a driver’s ability to safely navigate around hazards or curves, increasing the potential for losing control of a vehicle and impacting the effectiveness of seatbelts and airbags in preventing catastrophic injuries.
- Distracted driving – Like many states, distracted driving remains a leading cause of car crashes. Any activities that take a driver’s attention away from the road, including texting, talking on the phone, adjusting settings in your vehicle, or talking to passengers, can be a distraction.
- Drunk driving – Unfortunately, Wisconsin drivers continue to get behind the wheel after consuming alcohol. Over 7,500 drunk driving accidents led to 189 fatalities in a recent year.
- Reckless driving – Negligent behaviors like making unsafe lane changes, tailgating, swerving in and out of traffic, and running red lights and stop signs all contribute to deadly car wrecks.
Compensation in Fatal Car Accident Wrongful Death Cases
Before filing a wrongful death lawsuit, your fatal car accident attorney may negotiate with the at-fault party’s insurance company in an attempt to settle your case. When assessing the value of your wrongful death claim, your lawyer may emphasize your loved one’s age, earning capacity, education level, lost benefits for health insurance and retirement savings, and the medical expenses for any treatment they received before passing. While no amount of money can make up for a lost life, an experienced car accident lawyer will fight hard to recover money to prevent financial hardships and help you attain a measure of comfort in knowing justice was served.
Compensation in a Wisconsin wrongful death claim can include money for:
- Medical expenses caused by the car accident
- The decedent’s lost wages and potential income losses
- Funeral expenses
- Loss of inheritance
- Loss of society and companionship (capped at $500,000 for a minor and $350,000 for an adult)
Any money received in a wrongful death settlement or judgment is distributed according to the beneficiary’s relationship to the deceased and their dependence on them. For example, if the decedent was married, the primary beneficiary would be their spouse and then the couple’s minor children.
Statute of Limitations for Wrongful Death Claims Involving Car Accidents
In most Wisconsin wrongful death cases, claims must be filed within three years of the date of death. Not so for a fatal car accident claim. When a person dies from motor vehicle accident injuries, Wisconsin claimants must file within two years of the death.
Although two years may seem like a long time, enlisting the help of a lawyer promptly can strengthen your case. Your attorney can gather evidence while it’s fresh, reducing the risk of it deteriorating or getting lost, altered, or destroyed. The sooner a fatal car accident lawyer starts, the more time they have to build a convincing case for maximum compensation.
The Legal Process for Wrongful Death Claims
You can start the legal process for filing a wrongful death claim by hiring an experienced attorney. Your lawyer will investigate the fatal car crash to determine what happened, who is liable, and the extent of your losses. After thoroughly reviewing the evidence, an attorney will place an estimated value on your case.
Next, your lawyer will draft a demand letter to send to the at-fault party or entity’s insurance company requesting fair compensation for your losses. The insurance company may accept the claim, deny it, or make a counteroffer on your settlement request. Depending on their response, your fatal car accident attorney will likely enter settlement negotiations to reach a fair amount that satisfies both parties. If settlement talks break down, your lawyer may review the pros and cons of taking your case to trial.
At LawtonCates, we know the legal system may be intimidating. We are here to guide you at every step and answer all your questions. While the personal injury legal process is largely the same, you can trust we will develop a unique legal strategy tailored to the circumstances of your case.
Proving Negligence in Fatal Car Accident Cases
You must prove another party’s negligence caused the fatal accident to bring a successful wrongful death case. In a personal injury claim, the burden is on you to prove liability. You accomplish this with evidence such as:
- Medical records
- Photos and videos of the accident scene
- The police report
- Witness testimony
- Toxicology test results
- Employment records and pay stubs
- Testimony from expert witnesses, such as accident reconstruction specialists
At LawtonCates, our fatal car accident attorneys will comprehensively develop your case with an eye toward trial so insurers know we mean business.
LawtonCates Provides Compassionate Legal Support to South Central Wisconsin Families
After losing someone in a car accident, you need legal support that is trusted, proven, and compassionate. You’ll find that at LawtonCates. With over six decades of experience representing families like yours, you can feel confident that we know the law and that your case is in good hands. That is our promise to you.
When you’re ready, so are we. Call or contact LawtonCates today for a free consultation with a Wisconsin fatal car accident lawyer.