A wrongful death claim is a critical legal avenue available when a life is prematurely ended due to another party’s negligence, carelessness, or misconduct. For families navigating this difficult circumstance, understanding the legal foundation of a wrongful death action is the first step toward seeking justice and obtaining financial recovery. The guidance of a qualified wrongful death lawyer is instrumental in steering this complex process.
This type of civil “tort” action is distinct from criminal proceedings. It allows the deceased person’s estate and certain family members to pursue monetary compensation from the individual or entity responsible for the fatality. This action seeks to address the profound losses suffered by the survivors, which can be both economic and non-economic.
The Legal Elements
To successfully prosecute a wrongful death claim, the plaintiff must meet the legal burden of proof by establishing four key elements. These components must establish a link between the defendant’s conduct and the fatal outcome. The necessary elements are:
- Duty of Care: The defendant must have had a legal duty to the deceased. This is a fundamental concept in tort law, where individuals are expected to act reasonably to prevent foreseeable harm to others. Examples include a physician’s obligation to provide competent medical treatment or a driver’s duty to follow traffic laws.
- Breach of Duty: The defendant did not live up to their responsibility to act safely. This occurs when their conduct falls below the established standard of care. A breach could be a surgical error, the design of a hazardous product, or a property owner’s neglect in addressing a dangerous condition.
- Causation: This is often the most complex element to prove. It requires demonstrating that the defendant’s breach of duty was the “proximate cause” of the death. In essence, the plaintiff must prove that the death would not have happened if the defendant had not been careless.
- Quantifiable Damages: The death must have resulted in losses that can be compensated monetarily. These damages are the very reason for filing the claim, providing a means to address the financial and emotional losses suffered by the survivors.
Scenarios Giving Rise to a Claim
A wrongful death claim can arise from a wide array of circumstances where a life is lost as a result of a preventable act. The types of incidents that may warrant a civil action include:
- Motor vehicle collisions: Accidents caused by drunk driving, distracted driving, or driving recklessly.
- Medical malpractice: Fatal errors committed by healthcare providers, such as a misdiagnosis, surgical mistake, or failure to provide adequate care.
- Defective products: A faulty or unsafely designed product that leads to a fatality.
- Premises liability: Deaths resulting from dangerous conditions on a property, such as an unrepaired hazard on a stairwell or a lack of proper security.
- Intentional acts: Deaths that are a consequence of a criminal act, though the civil claim is separate from the criminal prosecution.
Proving causation in these claims is often challenging and requires a thorough investigation, making experienced legal representation critical.
The Role of a Wrongful Death Lawyer
Pursuing a wrongful death claim is an undertaking that requires meticulous attention to detail and a deep understanding of legal procedures. A wrongful death lawyer assumes responsibility for managing the entire process, allowing surviving family members to focus on personal matters. The key functions of the attorney include:
Investigative Actions and Evidence Management
A comprehensive investigation is the cornerstone of any successful claim. A legal team will work to secure all pertinent evidence, including law enforcement reports, medical records, autopsy results, and witness statements. Importantly, a lawyer can act immediately to preserve evidence that may be at risk of being altered or destroyed. This can involve sending official notices to corporations or individuals compelling them to preserve specific documents or physical items. In many cases, expert witnesses, such as accident reconstruction specialists or forensic pathologists, are engaged to provide technical testimony that strengthens the case.
Assessment of Damages
Determining the total financial value of a wrongful death claim is a crucial step in the process. A lawyer’s role is to ensure that every category of loss is properly identified and calculated.
1. Economic Damages
These are the measurable financial losses incurred by the survivors as a direct result of the death. They typically encompass:
- Medical expenses incurred before the death.
- Costs associated with funeral and burial services.
- The present value of the deceased’s future earnings and potential salary increases.
- Lost financial contributions, such as pension benefits, retirement funds, or inheritances.
- The monetary value of household services that the deceased would have provided, such as childcare, maintenance, and domestic tasks.
2. Non-Economic Damages
These address the intangible, emotional losses suffered by the surviving family members. Although they are not easily calculated and are subject to caps on the maximum recovery, they represent a significant portion of a claim’s total value. Compensation in this category can be sought for:
- The loss of companionship and emotional support.
- The grief, sorrow, and mental anguish endured by the survivors.
- The loss of comfort, guidance, and affection.
Attorneys often collaborate with financial experts to build a robust and well-documented claim that accounts for all losses.
Critical Timing: The Statute of Limitations
The passage of time can be a critical factor in a wrongful death claim. Most jurisdictions, including Wisconsin, have a statute of limitations that sets a strict deadline for initiating a civil action. This window is typically two or three years from the date of death, although certain circumstances may alter this timeline. Filing a claim after this period has expired will almost certainly result in the case being dismissed, regardless of its merits. Therefore, securing legal counsel in a timely manner is crucial to protecting the right to seek compensation.
Selecting Legal Representation
Choosing a law firm for a wrongful death claim should be based on a track record of professional capability and experience. Bakke Norman provides legal services across Northwest Wisconsin with offices situated in New Richmond, Menomonie, Baldwin, and Eau Claire. The firm’s award-winning personal injury attorneys have extensive experience handling thousands of cases.
The legal team possesses a comprehensive understanding of Wisconsin’s personal injury statutes, including concepts like comparative negligence and the burden of proof required in specific cases. This knowledge is leveraged to build and prosecute claims on behalf of clients.
Contact a Wrongful Death Lawyer at Bakke Norman
If a loved one’s life was cut short due to negligence, you can seek a confidential consultation to explore your legal options. Bakke Norman serves communities throughout Northwest Wisconsin. Contact the office nearest you to discuss your circumstances and receive experienced and trusted guidance.