Need an Injury Attorney for a Wisconsin Wrongful Death Case?
A variety of traffic accidents turn fatal every year. When you think of an accident, you usually picture somebody walking away from the accident scene, even if they have suffered serious injuries. You never think about the fact that a loved one could be killed in an accident caused by another driver when you least expect it because accidents always seem to happen unexpectedly. Unfortunately, this is the reality for some. When your loved one has been killed in an accident, you may feel hurt and confused, and unsure of where to turn for help.
One of the last things you may want to think about is how you will now care for the mounds of bills now that your loved one is gone. The medical bills have piled up before their passing, and now you realize that it’s one less income and there’s a funeral to plan and pay for. How do you compensate for your losses when another party has acted with negligence?
Elements of Every Wrongful Death Claim
Every wrongful death claim is constructed of 4 main elements. These include the following:
Negligence: When a driver has acted negligently, this means that they have disobeyed the rules of the road in some way. Negligence takes on many forms, from texting while driving instead of keeping both eyes on the road, speeding well over the speed limit, or driving after consuming alcohol. Drivers owe you a duty to protect you from harm, so when your loved one has been killed at the hands of a negligent driver, you may be able to receive compensation.
Breach of Duty: When somebody is killed due to somebody’s breach in the standard duty of care, they have breached their duty to your loved one, which is like their promise to protect others from harm.
Causation: Can you show that the negligence was the cause of the accident and the reason why your loved one inevitably lost their life?
Damages: This is the part of your case that you are working toward. Your loved one may have suffered before they passed away, or your family may now be short one income. You may have to worry about planning and paying for a funeral; all while you’re still dealing with the emotional pain of missing your spouse or loved one. Damages will help you recover.
Who Can File?
These are very delicate cases and, because of such, not everyone can file. If you are the spouse, child, parent, or designated beneficiary of your loved one, you will be able to petition the court for damages caused by the negligent party whose negligence caused the death of your loved one. Through filing, you will be able to compensate for a variety of damages that could be a relief to you and your family during this highly difficult time. But you don’t want to wait – file as soon as you can to receive the benefits that you and your family deserve.