Losing a loved one is always a traumatic experience, no matter the circumstances. However, when another person’s carelessness or recklessness causes this loss, the pain and suffering associated with the situation becomes even more intense.
Fortunately, if your family lost a loved one due to an accident, a legal action known as a wrongful death claim could help you recover compensation for both your concrete expenses and emotional suffering. These claims are a bit challenging to file since they have some specific regulations, but a compassionate personal injury attorney could help. A Minocqua wrongful death lawyer could explain your family’s options, figure out who should file your claim, and make sure you adhere to the relevant time limits.
Generally speaking, a wrongful death claim becomes an option when an individual is killed because of another person’s careless or negligent behavior. Additionally, Wisconsin Statute Section 895.04 explains that these options are only applicable to situations where the deceased individual could have filed an injury claim had they survived the accident.
To give concrete examples, wrongful death claims help a family recover from loosing a loved one to a:
If a family is unsure about whether a wrongful death claim is a possibility, a seasoned attorney in Minocqua could assess their unique situation and outline the best next steps.
It is crucial to remember that, under state law, not everyone is able to file a wrongful death claim and seek monetary damages. Instead, in most cases, only a particular group of family members or individuals have the authority to submit a case, including a surviving spouse, domestic partner, child, parent, or legal guardian.
However, there are some exceptions to this norm. For instance, in some situations, the representative to the deceased person’s estate might be able to file the claim. Having the wrong person tackle a case could have serious consequences, so a family should be sure to meet with a Minocqua lawyer to determine exactly who should take charge of their wrongful death claim.
In Wisconsin, most personal injury cases need to be submitted within three years of the relevant accident. However, in most cases, wrongful death claims need to be filed within two years of the decedent’s passing.
If the family misses this deadline, their case might be dismissed, even if it is a compelling claim with substantial evidence and sound legal arguments. To avoid complications like these, a family should be sure to work with an experienced attorney in Minocqua who could respect the statute of limitations and preserve everyone’s right to financial compensation.
When you lose a loved one due to another person’s negligent actions, you should not be left to recover from this tragic loss alone. Having to handle paperwork, investigations, and negotiations while grieving is an impossible task that no family should have to tackle.
Therefore, your best option may be retaining a Minocqua wrongful death lawyer. One of our hardworking team members could assemble an action plan, explain who should file your claim, and maximize the potential of your case. Reach out to our firm when you are ready to get started.
If you are recovering from an injury, you need to focus on regaining your health. You should not have to negotiate with stubborn insurance companies or compromise with a defendant.
A Wausau personal injury lawyer could lessen the stress and complications associated with collecting compensation, allowing you to recover fully. Call today to learn more about your options.