The death of a loved one is never easy, but it is even harder to accept when the death was an avoidable consequence of a negligent or reckless act, known in legal terms as wrongful death. When an individual needlessly dies because of negligence, inaction, or malice of another party, you are entitled to receive financial support to help you recover. Accidents happen every day, but when accidents are avoidable, the fault lies with the individual who did not take the proper precautions. Many times, the person or party may be found to be liable for the death if they are at least in part responsible for the accident that caused it.
If you have suffered the loss of a loved one and are wondering how to proceed, an attorney with a measure of empathy and litigation skills will serve you best. Facing the aftermath of funeral expenses, change in household income, and change of support is difficult enough for you to face alone. At Martin Law Office, S.C., we are dedicated advocates for injured clients and their families.
We combine a nurturing attitude with the fighting spirit of trial lawyers. Led by attorney Kevin Martin (RN, JD), the Oak Creek wrongful death lawyers at Martin Law Office, S.C. aggressively pursue full and fair compensation for wrongful deaths. If your loved one was killed in an accident in Wisconsin, please do not hesitate to reach out to our Milwaukee County attorneys for a free, no-obligation case evaluation.
Wrongful death can happen in many ways. Unfortunately, when this happens many people are unprepared to face the consequences and may forfeit their opportunity to recover compensation. Insurance companies may only cover certain damages or attempt to deny that the death was a result of negligence. In the case of any death, a thorough investigation is necessary to ensure that the causes are identified and your rights are protected.
While there are many causes of wrongful death, some are more common than others. The commonality of some accidents may lead investigators to miss certain details or make assumptions based on previous accidents. An experienced legal team is necessary when pursuing a wrongful death claim to ensure that the causes and negligent parties are rightfully identified.
Our law firm has experience representing those who have lost members of their family due to
No matter what the circumstances that led to the death of a loved one, we are equipped to investigate and identify the cause of the accident and ensure that you are receiving what you are rightfully owed. Our law firm understands the emotional heartaches that you and your family are going through. We are here to take care of all of your legal needs so that you can focus your attention and energy on yourself and the people you care about the most.
A wrongful death action is a type of civil legal claim. Through a wrongful death lawsuit, close loved ones of the deceased victim can seek justice and financial compensation for their monetary and non-monetary damages. Wrongful death cases fall under Section 895 of the Wisconsin Statutes. Here are three key things you and your family should know about Wisconsin’s wrongful death laws:
Martin Law Office, S.C. knows that no monetary award can compensate you for the loss of your loved one. Still, the loss of life cries out for justice, and pursuing a wrongful death claim can punish the wrongdoer, relieve the financial pressure caused by your loved one’s death and deter similar negligent acts in the future.
A successful wrongful death action can obtain compensation for many different costs. These costs can include short-term expenses such as:
You have already faced enough grief due to someone else’s negligence. Do not allow yourself to miss the opportunity to recover from your losses.
Note: Punitive damages may also be available in a limited number of wrongful death cases. Designed to punish the especially wrongful conduct of the defendant, punitive damages are still awarded to the family of the victim. Most often, punitive damages are granted when the defendant’s behavior was egregious. As an example, punitive damages may be awarded after a deadly drunk driving accident.
In Wisconsin, family members of the deceased also have a right to pursue a survival action claim in addition to a wrongful death lawsuit. While they are often filed concurrently and are sometimes confused, wrongful death claims and survival action claims are two distinct types of legal cases. The difference is as follows:
In effect, a survival action is the personal injury claim that the victim would have been able to pursue had they lived through the accident. Survival action claims are not a viable option in every wrongful death case in Wisconsin, but they should also be explored. If you have any specific questions about survival action lawsuits, call our Oak Creek wrongful death lawyers for help.
In the aftermath of the death of a loved one, you may be overwhelmed with responsibility — even the thought of adding a lawsuit to your plate may seem impossible. However, when you choose an experienced attorney who specializes in wrongful death cases, you will find that the burden can be lifted from you. A wrongful death attorney from our Wisconsin firm will always treat clients with the utmost sensitivity for their loss while forcefully litigating against opposing counsel on their behalf.
The Oak Creek wrongful death lawyers at Martin Law Office, S.C. have the personal disposition and the necessary skills to meet those needs. Kevin Martin, a former registered nurse who worked in cardiac care and the ICU, heads the attorney team. He became used to balancing empathetic, hands-on care with the requirements of highly technical medicine and has applied his human touch and scientific aptitude to his practice of personal injury law.
We do not want your family to worry about the cost associated with hiring a lawyer. At Martin Law Office, S.C. we accept wrongful death cases on a contingency fee basis, so there is never any upfront cost to you. You and your family do not pay out of your own pocket. Our firm only gets paid when you get paid.
At Martin Law Office, S.C., our Wisconsin wrongful death lawyers are compassionate, reliable advocates for families. While we know that nothing will ever be enough to make up for the loss of a loved one, we also know that you and your family need justice and financial support. If your family member was killed as a result of carelessness or recklessness, our wrongful death attorneys are ready to get started today. To schedule a free, strictly confidential consultation, call us at 414-856-4010 or contact us. From our office in Oak Creek, we represent people and families throughout the entire region, including in Milwaukee, South Milwaukee, West Allis, Franklin, Greendale, Racine, Kenosha, East Troy, Burlington, and Waukesha.