Kenosha Wrongful Death Lawyer
Have you lost a loved one in a motor vehicle accident or other type of personal injury matter in Kenosha or Racine? At the Law Office of Paul M. Gagliardi, I understand that no amount of compensation can replace your loved one, but a wrongful death claim can help provide financial stability during this difficult time.
Understanding Wrongful Death Cases
A wrongful death occurs when someone dies due to another person’s negligent or intentional actions. As your wrongful death lawyer, I help families in Kenosha and Racine navigate these complex legal matters while respecting their grief.
Wrongful death claims differ from other personal injury cases because the deceased person cannot bring their own claim. Instead, specific family members must pursue justice on their behalf.
Compensation In Wrongful Death Claims
Wisconsin law provides several types of compensation in wrongful death cases. These include:
- Loss of companionship benefits (capped at $350,000 for adults and $500,000 for minors)
- Medical expenses before death
- Funeral and burial costs
- Lost earning potential and financial support
- Pecuniary damages for lost services, protection and care
- Potential punitive damages in cases of extreme negligence
The distribution of compensation follows a specific hierarchy: spouses typically receive the full amount, while children may share compensation with a surviving spouse. If there is no spouse or children, parents may be eligible, and in some cases, siblings can recover damages.
Time Limitations For Filing
Wisconsin imposes strict deadlines for wrongful death claims. Specifically:
- Two years for deaths caused by motor vehicle accidents
- Three years for other wrongful death cases
This statute of limitations makes prompt legal consultation essential after the loss of a loved one.
What Do You Need To File A Wrongful Death Lawsuit?
To pursue a wrongful death lawsuit in Wisconsin, you need several key elements. These include:
- Proof of your relationship to the deceased person
- Evidence of negligence or intentional wrongdoing
- Documentation of financial and emotional losses
- Legal standing as defined by state law (spouse, child, parent)
As your Racine wrongful death lawyer, I’ll help gather this evidence while you focus on healing.
What Are The Chances Of Winning A Wrongful Death Lawsuit?
The likelihood of success in a wrongful death claim depends on many different factors. These elements could be:
- Clear evidence of negligence
- Documentation of damages
- Proper filing within time limitations
- Skilled legal representation
With thorough preparation and experienced advocacy, many wrongful death cases result in fair settlements without going to trial.
What Is An Example Of A Wrongful Death Claim?
Many situations can lead to tragic accidents. Common wrongful death claims in Wisconsin include examples like:
- Fatal car accidents caused by negligent drivers
- Medical malpractice resulting in death
- Workplace accidents with inadequate safety measures
- Defective product fatalities
- Fatal slip-and-fall incidents due to property negligence
Each of these situations may entitle surviving family members to pursue justice and compensation through a wrongful death lawsuit.
Let The Firm Fight For You
If you’ve suffered the loss of a loved one due to someone else’s actions in Kenosha or Racine, contact the Law Office of Paul M. Gagliardi at 262-401-9333 or via this online form for compassionate, experienced representation in your wrongful death case.