When a loved one dies, it can be devastating to those they leave behind. The loss can be especially tragic when the victim’s death was preventable. Families are left to death with funeral and burial arrangements, probating the estate and other legal issues, all while trying to cope with their grief and loss. In addition to the emotional loss, many families also must deal with an overwhelming financial loss, especially if the victim was the primary wage earner in the family.
At Hickey & Turim S.C., we understand that no amount of money will ever bring a loved one back, however, we also understand that the negligent party needs to be held responsible. A wrongful death attorney in Milwaukee, Wisconsin can help you obtain the financial justice your family deserves. Call our office to find out how we can help.
Although every state has their own wrongful death laws, the general legal definition of wrongful death is when the death of the victim is caused by the negligence, recklessness or wrongful act of another party or parties. This includes both intentional and unintentional actions or behaviors by individuals or organizations. The damages from a wrongful death award are for the exclusive benefit of the victim’s immediate family or next of kin.
In order to file a wrongful death claim, the petition must be filed by a personal representative of the victim and is usually prepared by a Milwaukee wrongful death injury lawyer. This can include the spouse, children, or parents. The court may also choose a representative of the victim’s estate to pursue the wrongful death claim.
There are also statute of limitations to file a wrongful death claim. Each state sets their own limitation, but generally, that limit is either two to three years from the victim’s death to file the claim. Some states have made exceptions to the statute of limitation, such as extending it to five years if the victim’s death was caused by an individual’s intentional violent action.
A Milwaukee personal injury lawyer can evaluate your case and determine which damages may apply in your situation. The most common damages that are awarded in wrongful death lawsuits include:
- Loss of support: This includes the loss of wages the victim provided for their family, as well as any benefits, such as health insurance and other job-related benefits. This lost income can also include pensions and Social Security benefits.
- Loss of service: This includes the loss of services the victim provided for their family. For example, a stay-at-home parent takes care of the home, the children, etc. If the parent is killed, their family is left to find other ways to get these services, such as now having to hire childcare services for young children so the surviving spouse can work.
- Loss of consortium: This loss is the value the victim’s relationship with their spouse, children, and other family members. It includes the love, companionship, protection, and emotional support the victim provided for his or her loved ones.
- Emotional anguish: This loss is for the grief, sorrow, and emotional suffering the victim’s death has caused the family.
- Expenses: This includes any medical expenses from life-saving attempts for the victim, as well as funeral and burial expenses.
Let a Milwaukee Wrongful Death Injury Lawyer Help
A Milwaukee wrongful death injury lawyer from Hickey & Turim S.C. can help you and your family get the financial justice you deserve. Contact our firm today for a free and confidential case evaluation.