Trusted Wrongful Death Lawyers in California and Wisconsin
The CDC’s National Center for Health Statistics reports that over 21,000 Californians and just under 5,000 Wisconsinites die during accidents each year. If your loved one was killed during an accident in California or Wisconsin, reach out to a wrongful death lawyer.
You and your family members might want to file a wrongful death lawsuit against the at-fault party involved in your loved one’s accident. If you prove they committed a negligent act that resulted in your loved one’s fatal accident, you could collect compensation.
An attorney from Kent | Pincin will assist you in exploring your legal options.
Understanding the Key Legal Elements of Wrongful Death Claims
Before you and your other family members decide whether to file a wrongful death lawsuit against the negligent party in your loved one’s case, make sure you know the key legal elements associated with filing claims. These will help determine whether filing a wrongful death claim is the right move.
Proving Negligence
Just because your loved one was involved in a fatal accident doesn’t mean your family will automatically win a wrongful death lawsuit.
To win your case, you must enlist the services of a wrongful death lawyer to prove negligence on the part of an at-fault party. To prove they committed a wrongful act, they must establish these four elements:
- Duty of care: A defendant was legally responsible for keeping others safe, including your loved one.
- Breach of duty: A defendant failed to maintain a safe environment for your loved one.
- Direct causation: A defendant’s breach of duty led to your loved one’s death.
- Damages: A defendant’s breach of duty resulted in your loved one’s death and caused monetary losses.
Calculating Damages
How can you possibly put a price tag on your loved one’s life? Simply put, you can’t.
However, you can calculate how much your loved one’s death has cost. For example, your family may have accumulated funeral expenses.
According to the National Funeral Directors Association, the average funeral costs between $6,300 and $8,300. If you and your family spent this much money on a loved one’s funeral — or maybe even more — you can seek wrongful death compensation.
Who Can File a Wrongful Death Claim?
Here is who can file a claim for wrongful death in California:
- Personal representative of the deceased’s estate
- Surviving spouse or domestic partner
- Children
- Parents
- Other heirs (siblings, aunts and uncles, etc.)
Here is who can file a claim for wrongful death in Wisconsin:
- Personal representative of the deceased’s estate
- Surviving spouse or domestic partner
- Children
- Parents
- Siblings
Extended family members aren’t usually permitted to file wrongful death claims.
Breaking Down the Different Types of Wrongful Death Damages
You will typically recover damages if you and your family file a successful wrongful death lawsuit. This compensation may come in the form of economic or non-economic damages.
Economic Damages
Economic damages account for the monetary losses you and your family sustained. You may recover damages to pay for:
- Medical bills
- Funeral expenses
- Lost wages
Non-Economic Damages
Non-economic damages are non-monetary losses that you and your family suffered. You might recover damages that account for:
- Pain and suffering
- Emotional distress
- Loss of companionship
Outside of accounting for emotional and financial losses, you and your family might also win punitive damages. These damages punish defendants for gross negligence.
Knowing the Wrongful Death Statute of Limitations in California and Wisconsin
Unfortunately, you and your family cannot take as long as you might like to file a lawsuit after a loved one’s death. Like other personal injury cases, you must act fast if you plan to take legal action.
The Importance of Timely Filing
In California, you will have two years from the date of a loved one’s death to file wrongful death claims. In Wisconsin, you will have three years to file wrongful death claims — or just two years for personal injury cases involving car accidents.
Revealing the Differences Between Wrongful Death Cases and Survival Actions
Filing a wrongful death action following a loved one’s fatal accident isn’t the only option. You may also file a survival action.
Here is what sets them apart:
- Wrongful death: Allows a deceased person’s surviving family members or dependents to seek compensation
- Survival action: Lets a deceased person’s estate seek compensation and distribute it to surviving family members
Uncovering the Common Causes of Wrongful Death Cases
According to the CDC, over 225,000 accidental deaths occur in the U.S. annually. A few common causes lead to wrongful death claims.
Fatal Vehicle Accidents
The National Highway Traffic Safety Administration reports that over 44,000 Americans are killed in motor vehicle accidents.
Workplace Accidents
The U.S. Bureau of Labor Statistics reports that over 5,000 Americans are killed in workplace accidents.
Defective Products
The U.S. Consumer Product Safety Commission reports that over 22,000 Americans are killed by defective products.
Comprehending the Role of a Wrongful Death Attorney
Hiring a wrongful death lawyer to spearhead a claim is essential. They will assist you in many ways.
Using Experience To Provide Legal Guidance
The average wrongful death suit takes one to four years. An attorney will use their experience to guide your family through the legal proceedings.
Gathering Evidence and Building a Case
Collecting enough evidence and using it to create a compelling case will improve your family’s chances of recovering compensation.
Negotiating With Insurance Companies
Many wrongful death lawsuits are settled outside courtrooms. A wrongful death lawyer will negotiate with a defendant’s insurance company to see if they can reach a settlement.
Comprehending the Role of a Wrongful Death Attorney
Is your family ready to launch a wrongful death lawsuit? Take these steps.
Initial Consultation
Meet with a wrongful death lawyer during a free consultation. They will:
- Examine your case
- Determine your case’s viability
- Reveal your legal options
Claim Investigation
If you file a lawsuit, a lawyer will investigate your loved one’s accident and collect evidence that proves negligence.
Settlement or Litigation
A lawyer will attempt to negotiate a fair wrongful death settlement and proceed to a courtroom if negotiations are unsuccessful.
Meet Our Attorneys
Michael J. Kent & Emily R. Pincin
Michael Kent was inspired to become an attorney by his passion for piecing together puzzles and information in his younger years. He loves nothing more than analyzing cases to piece together evidence and find out what a defendant is hiding, to obtain a positive outcome. Michael’s father, as well as his in-laws, are attorneys who have provided valuable mentorship and guidance relating to the civil justice system.
“I want to help people piece their lives back together and move forward. They deserve to be given a voice and feel protected whatever the circumstances.”
Emily Pincin was motivated to become an attorney by her affection for reading, writing, and understanding the intricacies of the law. Raised in a household with a court reporter mother, Emily familiarized herself with the justice system and became passionate about helping others through their most difficult times.
“Everything about what we do really comes down to helping the client feel that they can achieve a feeling of justification and peace. We are working to help them attain a sense of vindication.”
Taking Advantage of Emotional Support and Resources
Losing a loved one is never easy, but it’s especially difficult dealing with an untimely death. Use the available resources while mourning a loved one’s loss.
Coping With Grief
It might help to talk to a counselor when grieving a loved one’s loss. Look for other resources, too.
Californians should consider contacting these groups:
- OUR HOUSE Grief Support Groups
- MISS Foundation’s Support Group for Bereaved Parents
- Zen Hospice Project
Wisconsinites should touch base with these groups:
- Mental Health America of Wisconsin
- Agrace Grief Support Center
- Better Not Bitter Moms
Financial Planning After a Loss
Families should also take part in financial planning after a loss. They can do this by:
- Going through the probate process
- Reassessing financial goals
- Working with an accountant
Hire a Wrongful Death Lawyer From Kent | Pincin To Help File a Claim
Many wrongful death lawsuits are more complicated than families anticipate. Yours should schedule a free consultation with a reliable wrongful death lawyer from Kent | Pincin. Our experienced wrongful death attorneys have a track record that speaks for itself.
Contact us at 310-376-0922 in California or 608-999-4954 in Wisconsin.
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FAQs
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You can prove wrongful death by showing that a defendant acted negligently during an accident and caused your loved one to sustain a fatal injury.
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