The unexpected and unfair passing of a loved one is always a traumatic experience that will significantly impact a family’s wellbeing. If your family lost a loved one in an accident, you will experience substantial grief, emotional trauma, and sudden expenses like funeral costs.
Thankfully, a powerful legal option known as a wrongful death claim could help you pursue financial compensation if another person’s negligence caused the incident. These civil claims could offer monetary damages that reimburse you for any of your expenses but navigating the associated legal processes can be challenging without the assistance of a skilled personal injury attorney. Therefore, working with a Stevens Point wrongful death lawyer is usually the best decision you can make.
Wrongful death refers to when another person’s carelessness or negligence kills someone. One crucial aspect of these cases is that they only become an option if the person who passed away could have filed a personal injury claim had they survived.
There are many different accidents or dangerous situations that commonly lead to wrongful death, including:
While seemingly very different, these situations all deserve careful legal attention when they cause the wrongful death of a family member. A dedicated attorney in Stevens Point understands the grief and suffering caused by any of these tragic accidents and could fight to protect a family’s rights.
Wisconsin Statute Section 895.04 outlines many of the rules that apply to wrongful death actions, including who can file the initial claim. Only certain family members can do this, and examples include:
Meanwhile, in some more rare situations, the estate’s personal representative might be able to file the claim. Determining when this is a possibility and who can submit the paperwork is generally confusing, but a knowledgeable lawyer in Stevens Point could assess the circumstances and explain who can act.
In most cases, a sibling is only permitted to file a wrongful death action if the deceased family member left behind no spouse, children, parents, or other eligible individuals. Siblings should consult an attorney to determine if they are entitled to pursue this kind of civil procedure since it might not be right for their circumstances.
It is important for a grieving family to understand that acting quickly is crucial after losing a family member. Even though taking legal action might seem overwhelming, the deceased individual’s children, siblings, and parents should remember that in Wisconsin, wrongful death claims need to be filed within three years of the day that the individual passed away. One exception to this rule is if the person died in a motor vehicle accident. If this happens, a surviving family member must submit their case within two years.
Missing this deadline most likely results in a case being dismissed, regardless of if it would have been successful. To avoid complications with this statute of limitations, it is best to retain a hardworking attorney in Stevens Point early in the wrongful death claims process.
Dealing with the death of a family member is difficult enough, and things can become even more challenging if another person’s carelessness or recklessness caused this passing. Fortunately, a wrongful death claim featuring detailed evidence and concrete proof could help your family collect the monetary damages you need to recover. Proceeding without an attorney could make things more complicated, so do not hesitate to reach out to a Stevens Point wrongful death lawyer today. Contact our office to get started on your case.
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.