Fatal Car Accident

It can be hard to think about taking legal action when you are grieving a loved one’s death. But there are certain steps you need to take to protect your rights. The first step is to contact an experienced Wisconsin wrongful death lawyer to review the facts of the accident and explain your legal options.

There are two possible legal actions that may be filed after a person’s death in a car accident in Wisconsin.

A wrongful death lawsuit may be filed by the surviving spouse, domestic partner, children or parent of the deceased to recover compensation for harm such as:

• loss of financial support
• loss of household services that the deceased provided
• emotional anguish and loss of society and companionship due to the death
• costs of medical expenses
• funeral and burial expenses
• loss of inheritance

Wisconsin limits the amount that may be recovered for loss of society and companionship over a loved one’s death to $500,000 for the loss of a child and $350,000 for the loss of an adult. This type of compensation is only available to the spouse, parents and children and minor siblings of the deceased.

If damages are awarded, the court must decide whether to set aside a portion of the compensation awarded up to 50 percent of the total amount for the protection of the deceased person’s minor children, depending on their age and other factors.

A survival action may be filed by the personal representative of the estate of the deceased. A survival action may seek compensation for certain types of losses the person would have been able to demand recovery for in a personal injury lawsuit, if he or she had lived, including:

• Medical expenses
• Lost income from missed work
• Lost earning capacity
• Conscious pain and suffering

The initial step is to contact an experienced Wisconsin wrongful death lawyer to review the facts of the accident. It must be determined that you have a right to file a wrongful death claim under Wisconsin law based on reviewing the details of your loved one’s death.

Even if your loved one’s death was caused by a malicious act and the wrongdoer faces criminal charges, you still will need to file a separate civil lawsuit to seek compensation for your losses.

A civil lawsuit can help lift the financial burden that you and your family may face after the loss of your loved one and the support he or she provided to the household. In our experience handling wrongful death claims for bereaved families, we have observed that a settlement or jury award can help a family reach a sense of closure after the death of a loved one.

A wrongful death settlement or jury award may provide compensation for a range of expenses associated with the fatal accident including:

• Hospital and doctor bills—Medical expenses including emergency treatment and hospitalization from the time of the car accident until your loved one’s death may be recovered through a wrongful death claim.
• Funeral expenses—You may recover the cost of reasonable funeral and burial expenses, including the burial plot and headstone and other out-of-pocket expenses incurred as a result of your loved one’s death.
• Lost income—You may seek compensation for the past and future wages, bonuses and retirement benefits your loved one would have earned if not for his or her accidental death.
• Pain and suffering—The pain and suffering of the accident victim is compensable if it can be shown.
• Loss of companionship—The spouse, children, parents and minor siblings may be eligible for compensation for the loss of guidance, support and affection.

Punitive damages are not available in wrongful death cases in Wisconsin.

Fatal Car Accidents and Wrongful Death Claims

When a person dies in a car crash due to another motorist’s negligence, the surviving family members may have a right to file a wrongful death claim.

Common Causes of Fatal Car Collisions

Wisconsin averages about 500 fatal motor vehicle accidents annually and about 550 deaths, according to the Wisconsin Department of Transportation.

The most common contributing factors to fatal car crashes in Wisconsin include drivers’ failure to yield and failure to stay in their lane.

Drunk driving is a contributing cause of many deadly accidents. Approximately 200 fatal accidents a year are alcohol-related accidents.

Speeding and driving at an unsafe speed also are frequently cited factors in serious and fatal crashes. A driver who is intoxicated or driving at an unsafe speed and causes a fatal accident may be found to be financially liable for the death.

How Long After a Fatal Car Accident Do You Have to File a Claim in Wisconsin?

Wisconsin law allows three years to file a lawsuit seeking to recover damages for a death caused by neglect or a wrongful act after a fatal car accident. This window of time during which a wrongful death claim may be filed is referred to as the statute of limitations. If a case is not filed within the time allowed, you may lose your right to bring a legal action.

Because of the amount of time it takes to investigate a fatal car accident and gather evidence, it is important to enlist the help of an experienced attorney as soon as possible.