Wrongful Death Lawyer

Reasons to File a Wrongful Death Lawsuit

Following the death of a loved one, it can be difficult to cope, especially if you suspect the negligent conduct of another caused the wrongful death and may be an issue which needs to be investigated with the help of a wrongful death lawyer. Few Americans know it, but some estimates put the number of wrongful deaths due to medical malpractice at 440,000 per year. That’s over 1,000 deaths per day, and that’s only one common cause of a wrongful death lawsuit.

Wrongful Death Definition:

Although wrongful death litigation is governed by strict state liability statutes, all states agree on a general definition that defines wrongful death as a death caused by the failure of another to use reasonable care to prevent harm or injury to the deceased party.

If you’ve lost a loved one due to the negligence of another – in any type of accident, car crash, truck collision, or fall – Domnitz & Domnitz may be able to help you recover compensation, including the loss of society and companionship of the deceased as well as some of your financial losses if you were a dependent of the deceased. Contact us today to schedule a free consultation.

When Wrongful Death Applies

There are specific statutes that govern wrongful death claims in the state of Wisconsin. There are only specific relatives authorized to file these claims in our state. Further, there is a window in which a claim must be filed, and in order for the claim to be successful, there will need to be evidence of negligence. This can be highly confusing, but a legal advocate can help a family sort through all of these statutes.

The surviving spouse or dependents of the accident victim may file a wrongful death claim in general liability cases. In addition:

• If the victim was married, only the surviving spouse, personal representative, or special administrator of the estate may file a claim.
• In many cases (including medical malpractice), there can only be a claim where there is a surviving spouse or a minor heir.
• Claims must be carefully screened to determine if they meet all state requirements.
• Failure to properly screen a case or observe filing deadlines could bar your claim from consideration regardless of merit.

Because a wrongful death lawsuit is governed by very strict state liability statutes and only certain persons may file a claim (and then only within a certain period of time), it is extremely important to contact a qualified personal injury & wrongful death attorney in your state immediately to pursue a case.

Neglecting to contact a lawyer in time can mean losing the ability to bring a claim, or commence a lawsuit at all, as one family in Wisconsin learned when a judge dismissed the wrongful death claim they filed, stating that the claim was filed four months after the two-year deadline for issuing such a claim.

If you think you may have a claim, contact us today to receive a free consultation with an experienced Milwaukee wrongful death lawyer.

Do not wait and lose your window of opportunity.

Losing a loved one – such as a spouse, a parent, or a child – is incredibly traumatic, and the costs aren’t just emotional. In some cases there are substantial financial losses that can affect the survivors for many years.

Thankfully, families are often able to recover compensatory damages to help alleviate financial losses.

The families of those who die due to the negligence of another may have the option of pursuing a claim in civil court.

Wisconsin wrongful death lawsuits are designed to provide financial compensation for the losses families suffer when their loved ones are killed as a result of another person’s negligence.

For example, Wisconsin families can recover damages for:

• Medical bills incurred before death
• Reasonable funeral costs
• Loss of benefits, income, or inheritance
• Loss of companionship and society
• Care of a child
• The deceased’s pain and suffering – after the injury, but before death

If you have lost a loved one and suspect that professional negligence or some other sort of negligence may be to blame, it is in your best interests to contact a qualified wrongful death lawyer like Ric or Noah Domnitz as soon as possible.

A qualified attorney can help you understand the intricacies of bringing a wrongful death suit, such as what obstacles you may encounter. He or she can also help you understand what types of evidence are most likely to be beneficial in pursuing your case.

If you think you have grounds to pursue a wrongful death claim due to any cause of death, contact the Milwaukee personal injury lawyers of Domnitz & Domnitz, S.C. for a free consultation.

There are four key elements involved in wrongful death lawsuits, specifically identified by law. To win a case, the party filing a lawsuit must prove each element beyond a reasonable doubt. These four key elements are as follows:

Negligence

The surviving members or their legal representatives must prove the death of their loved one was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party.

Breach of Duty

To be successful in the case, it must be proved that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. For example, a motorist maintains a duty to drive safely and to follow and obey every traffic law. Doctors and medical health providers have the duty to maintain a patient’s health.

It is up to the plaintiff to establish how the defendant’s duty existed and that the duty was breached through their negligent actions.

Causation

In addition to proving how the duty of the defendant was breached toward the deceased, the lawsuit plaintiff must also prove how the defendant’s negligence caused their loved one’s death.

Damages

The death of the victim must have generated quantifiable damages, such as hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, or loss of protection, guidance and inheritance, along with pain and suffering of the victim prior to death. Proving these points in a court of law requires strong evidence and competent legal expertise in order to win financial compensation for the victim’s representatives.

Unlike other firms that may relegate you to an office assistant or paralegal, at Domnitz & Domnitz, you will always receive personal attention from the attorney handling your case – Ric Domnitz or Noah Domnitz.

If your parent, spouse, or child has died due to the negligence of another, having a qualified wrongful death attorney on your side can help you recover fair compensation for your losses.

A good Milwaukee wrongful death lawyer can help you by:

• Understanding the intricacies of the Wisconsin and Illinois court systems, as well as the specific rules that apply to wrongful death suits.
• Accurately assessing which party or parties are liable in the death of your loved one.
• Tapping a network of expert consultants to help investigate and present your case.
• Helping you determine the best course of action based on the specific details of your case.
• Recovering maximum compensation based on the rule of law, not deceptive practices.

If you’ve lost a loved one due to the fault of another, it may not be too late to get the compensation you deserve. Schedule a free initial consultation with Milwaukee wrongful death lawyers Domnitz & Domnitz, S.C.

Do the facts of my case support a wrongful death lawsuit?

Most attorneys offer a free consultation (we certainly do). Use this opportunity to provide details of the circumstances surrounding your loved one’s death. To make the best use of your time, type up a summary of as many details as possible before your meeting and allow the attorney to read through it while you are there.

Ask the wrongful death lawyer his or her analysis and opinion as to whether the facts could lead to a successful wrongful death lawsuit. This is the first step in determining whether you should continue pursuing legal action, regardless of the attorney you use.

Am I entitled to be the claimant in this wrongful death case?

Unlike most personal injury claims, where the purpose of a settlement is to compensate the injured victim – wrongful death cases address the losses suffered by family members. In these cases, only those who were dependent on the deceased party are eligible to file a wrongful death claim. This is typically limited to close family members and the person who represents the dependent’s estate.

How much is my case worth?

Wisconsin state law regulates the compensation potential for a successful wrongful death lawsuit.

Although your wrongful death lawyer won’t be able to give you an exact dollar figure, he or she should have specific information regarding damage caps and a general idea of how much your case is worth. This may help you decide whether it’s worth your time to go through a lengthy lawsuit process.

What are your fees?

A wrongful death lawyer usually works on a contingency basis, but you should never make assumptions. Before you hire an attorney, make sure you fully understand the fee structure.

Will my case go to trial?

Your lawyer usually won’t be able to tell you right away if your case will go to trial, but you should ask anyway. Make sure the lawyer you hire is fully prepared to go to trial. Ask about his or her history of taking cases to court and trial as well as settlement results.