Wrongful Death
There is no greater pain than losing a loved one. This becomes even more unbearable when the loss of a loved one is due to the negligence of another. The wrongful death attorney’s at Padway & Padway Law Offices know how to navigate and win these types of claims to hold negligent actors accountable for their actions. With over 80 years of experience, and multi-million-dollar verdicts, we have the skillset, experience, passion, and care to help you through this difficult time.
Getting just compensation means having someone on your side that understands the claim process from start to finish and that is willing to fight for you. At Padway & Padway Law Offices, we selectively choose cases to ensure that you are given the individualized attention that you deserve. In short, you need the firm that will put you first. That firm is Padway & Padway Law Offices – a family firm that treats you like family.
Our Fees are on a Contingency Basis.
This means you do not have to pay anything upfront to have us represent you in your case. We offer free consultations to do a full case review so that you fully understand the process. Even if we accept your case, you still don’t pay a thing. We only get paid when we win for you.
Did you lose a loved one because of negligence? Do you need help navigating through the legal process? Are you looking for an attorney? Do you want to be treated fairly? Are you ready to be a top priority? Don’t wait, call us now at 414-277-9800.
Frequently Asked Questions
What is a wrongful death lawsuit?
A wrongful death lawsuit is one that is brought by the personal representative of a deceased individual. The personal representative is often times the spouse, parent, or adult child of the decedent. The action occurs when a death is caused by the failure of another to use reasonable care to prevent harm or injury to the deceased individual.
A wrongful death can be the result of an auto-accident, truck accident, motorcycle accident, bicycle accident, fall, electrical fire, medical malpractice, nursing home death, workplace death, hunting accidents, and more.
How long do I have to file a wrongful death lawsuit?
The Wisconsin Wrongful Death statute of limitations is found in Wisconsin Statute 893.54. A representative of the deceased individual has between 2 and 3 years to bring a claim before the claim is barred. If the accident is the cause of a motor vehicle accident than the amount of time is 2 years. For other types of wrongful death claims, it is 3 years.
What type of compensation can I receive for a wrongful death claim?
There is no amount of compensation that will ever quantify the loss of a loved one. However, Wisconsin law allows Wisconsin families to recover damages for: medical bills incurred before death; reasonable funeral expenses; loss of benefits, income, or inheritance; loss of society and companionship; and care of a child.
The amount a family member can receive for their emotional loss for a wrongful death claim is up to $350,000.00 for the loss of an adult and $500,000.00 for the loss of a child.
What is a Survivorship Claim?
Under Wisconsin Law, a deceased individual’s estate is entitled to recover for the conscious pain and suffering experienced by the deceased from the time of injury until the time of death. A survivorship claim will oftentimes accompany a wrongful death claim. However, unlike Wrongful Death Claims, there is no limit on the maximum amount that can be awarded for the Wisconsin Survivorship Claim.
How to win a Wrongful Death Claim?
There are four key elements that must be established in order to win a Wrongful Death Claim. These four elements are duty, breach of duty, causation, and damages.
Duty – The plaintiff must be able to prove that the other party owed a legal duty of care to the deceased individual. For instance, all drivers owe a duty to other drivers to operate their vehicles in a reasonable manner on a public roadway; all landlords owe a duty to their tenants to maintain their rental units in a safe and habitable condition; and, all doctors owe their patience a duty to act as a reasonably skilled and competent medical provider would when providing care.
Breach of Duty – The plaintiff must be able to prove that the other party’s actions were negligent, reckless, or careless.
Causation – The plaintiff must be able to prove that the other party’s negligence was the cause of the deceased individual.
Damages – The plaintiff must be able to quantify the damages associated with the death of a loved one. The damages include, but are not limited to, medical expenses, funeral expenses, loss of income, funeral and burial costs, loss of potential earnings, and, in survivorship claims, conscious pain and suffering.
I have more questions OR protect my rights as I go through the process?
Call the personal injury attorney’s at Padway & Padway Law Offices at 414-277-9800