Experienced Legal Counsel After The Wrongful Death Of A Loved One
There may be nothing more devastating than the loss of a family member. If you have lost a loved one to wrongful death, you may not know what to do next or who can help you. To learn how your wrongful death claim can move forward effectively, contact an experienced plaintiff’s attorney. Our wrongful death lawyers have made a name for our firm through caring, skillful advocacy. We are here for you when you are ready to talk to an attorney.
The attorneys at Godfrey, Leibsle, Blackbourn & Howarth, S.C., in Elkhorn, Wisconsin, are available to listen to your story and explain how our law firm can help you and your family during this difficult time in your lives. You can contact us by phone at 262-422-6607.
Understanding Wrongful Death Claims In Wisconsin
Who can bring a wrongful death case in Wisconsin? The following list explains the order of the eligible parties:
- The spouse or domestic partner
- Any children or grandchildren
- The parents of the deceased
- The grandparents of the deceased
- Any siblings
In addition, the deceased’s personal representative may file the wrongful death suit.
To bring a wrongful death claim after a loved one’s fatal accident, you may need to prove at least some of the following:
- That you are a qualified recipient of a payout of a wrongful death claim for the deceased
- That an accident or any act of negligence caused the death of your family member
- That a person or entity was negligent, causing or contributing to the accident
- That the deceased contributed monetarily and in other vital ways to the needs of your family
Specific cases may vary, but issues related to some or all of such factors lead to successful wrongful death claims or lawsuits. An experienced attorney’s help is essential.
When To File A Wrongful Death Claim
The sudden death of a family member is naturally a shock. Family and friends may gather to remember the deceased with a funeral or burial. Countless details and decisions can overwhelm you during your time of grieving. You may feel it is too soon to talk to a lawyer. This is understandable.
However, if you wait too long to contact an attorney, valuable evidence will likely be lost. Accident reconstruction will get harder and harder. Eyewitnesses may become difficult or impossible to track down. The scene of the accident may be altered, cleaned up or otherwise made unsuitable for an investigation.
Be advised that in most Wisconsin wrongful death cases, you have three years to file the claim. There is an exception for deaths caused by car accidents; then you only have two years to file. If you miss a deadline or the statute of limitations for filing, it may be too late to file a successful wrongful death claim.
Can A Wrongful Death Claim Be Filed If Criminal Charges Are Pending?
Yes, you can file a wrongful death claim if criminal charges are pending. The criminal court and civil court operate independently of one another. A civil lawsuit is about assessing liability for the accident and compensating the surviving family members. A criminal case is meant to hold the defendant accountable in a criminal court of law.
After A Fatal Accident, Contact Godfrey, Leibsle, Blackbourn & Howarth, S.C.
Strategically located in the greater Milwaukee, Madison and Chicago metropolitan triangle, our firm has developed a strong network of relationships and an expanded footprint to meet client demands in Wisconsin, Illinois and across the United States.
You can reach us by phone at 262-422-6607 or by email through this website. Our wrongful death lawyers will discuss the accident, the deceased person’s life and other information that will assist us in filing a wrongful death claim. We will pursue the justice and compensation you deserve.