Wrongful Death

Wisconsin Wrongful Death Attorneys

No person or family plans on any person's death. A sad fact of life is death. Wrongful death occurs in the most common of areas, including the workplace, highways, sidewalks, streets, railroads or airlines. A death can occur from a car crash, truck crash, bicycle crash, railroad crossing, plane crash, sexual assault, ride-share or the workplace. It can also occur as a result of medical malpractice.

Wrongful death occurs in every walk of life, and while no one personally can expect to prevent any wrongful death, there are a number of remedies available to those who suffer from a wrongful death.

Damages caps and the categories of damages allowed in wrongful death claims are highly complicated and evolving areas of law in Wisconsin. Generally, a wrongful death case involves two claims: the wrongful death claim itself and a survival claim. Both claims derive from an allegation that someone acted negligently, recklessly, or intentionally against the deceased, causing damages.

The wrongful death claim belongs to the decedent's personal representative or statutorily defined surviving family members on behalf of eligible beneficiaries. The survival claim belongs to the decedent's estate on behalf of the decedent. Wrongful death claims carry caps on noneconomic damages (e.g., loss of society and companionship), depending on the age of the decedent. Survival claims carry no independent cap, but the circumstances of the wrongful death, such as medical malpractice, may add a cap.

As we said, the law is complicated and a maze! But rest assured, we know how to navigate it. We are also on the frontline of litigating and arguing for new categories of damages in wrongful death cases, as Wisconsin generally holds a stringent view towards a deceased person's standing to recover for future losses.

Stanford Law Offices has experience ensuring our clients' wrongful death and survival claims are both viable, and our attorneys have served as personal representatives on behalf of the estate to support the claims. We have experience completing the necessary prerequisites in probate for that service.

If your wrongful death claim involves the police or the government, that may introduce federal civil rights claims into the equation. We have experience finding the constitutional and/or civil rights claims that fit and successfully resolving them against police departments and the government.

Since 1989, Stanford Law Offices, S.C. has represented families who have suffered the loss of a loved one. Our team of lawyers, experts and consultants are equipped to handle wrongful death arising out of any set of circumstances. There is no question every wrongful death has its own story to tell. We consider it our privilege to represent victims of a wrongful death and to pursue all remedies.

We represent clients from our Milwaukee office and Fond du Lac office . Call (414) 276-8269 for a free consultation.

My son was operating his bicycle after getting off work when he was struck by two teenagers who were racing their trucks. My son died upon impact. I hired Stanford Law Offices, S.C. who pursued a wrongful death action against the two trucks which were drag racing. Stanford Law Offices, S.C., through its resources of investigation and discovery, traced the facts to the operators of the trucks were intoxicated at the time and were racing when my son was killed. We filed a wrongful death action against both drivers and the persons who supplied alcohol. We prevailed at trial, brought peace to my family and was able to get on with my life. I cannot say enough about Stanford Law Offices, S.C. and assisting my family in my dire time of need.

I was a 27 year old single mother traveling to work. I was pregnant when I was driving to work. Another driver ran a red light, struck my motor vehicle causing the premature birth and death of my child. The other driver fled the scene and the police refused to cooperate. I hired Stanford Law Offices. Stanford Law Offices, through its own investigative means, found the other driver and pursued civil remedies against it and a number of insurance companies I never knew existed. While no amount of money can replace what my family lost, Stanford Law Offices was able to lessen the damage to my family. This accident happened in 1994. To this day, my family remains friends with Stanford Law Offices.

I was seven months pregnant when another driver ran a stop sign. My child was born, however, severely disabled. I hired Stanford Law Offices. Stanford Law Offices pursued remedies against insurance companies I never felt were possibly responsible, or I could have pursued by virtue of the other driver running the stop sign. By virtue of the result I obtained from Stanford Law Offices, my child was able to attend special education classes her entire life. In addition, a Trust was set up on her behalf where her financial, educational and daily needs have been met from the time she was born for an excess of 17 years. Stanford Law Offices has not only been our lawyer, but we consider them part of our family.

My mother was operating a motorcycle when she ran a stop sign. A large tractor-trailer was speeding, struck my mother and immediately killed her. The trucking company denied liability. We hired Stanford Law Offices who, fortunately, was licensed in Missouri. Peter and his team investigated the claim and found a number of surveillance cameras. The surveillance cameras proved the truck driver was exceeding the speed limit and forfeited all rights of way. Peter and his team then pursued a wrongful death action in Missouri and successfully obtained a result for our family to move on. Peter and his team were extremely sensitive and personal throughout the entire process. We recommend them at every level.

Our son and his best friend died at the hands of a driver who was under the influence of narcotics. The case was in Missouri and we could not find a lawyer to take the case. We hired Peter and Stanford Law Offices. Stanford Law Offices was able to trace the source of the narcotics and the fact the Missouri Department of Transportation had defectively designed a bridge and culvert which contributed to our son's and his friend's death. Stanford Law Offices pursued two wrongful death claims in Missouri and was successful in prevailing on both. We cannot say enough about Peter's team to travel from Wisconsin to try the case to its conclusion in Missouri.

My husband was operating a motorcycle when a minor driver ran a stop sign killing my husband. There were three insurance companies involved. All of them denied coverage. Stanford Law Offices filed a lawsuit against all the insurance companies, seeking the court to enter an order declaring the parties' rights under the contracts. Peter and his team were successful in having all insurance companies contribute toward the resolution of my husband's death. There is no question we would not have been able to wade through the maze of insurance companies, policies or court system without the help of Stanford Law Offices.

My parents were struck by an inattentive driver. My mother died a number of days after. The insurance company denied the claim as to my mother's death, claiming she died of natural causes. We hired Stanford Law Offices. Stanford Law Offices was successful in medically proving the impact caused my mother's death. The insurance company paid its policy limits and, therefore, we avoided a trial. I cannot comment enough about the extent to which Peter and his entire staff were able to walk us personally through each step of the litigation process.

Common Mistakes To Avoid After A Wrongful Death

After losing a loved one, the steps your family takes matter. As Wisconsin wrongful death attorneys, we have seen families unintentionally hurt their claims during an already painful time. We have summarized several common mistakes that can quietly weaken your case.

Do not navigate this alone. Insurance companies and defendants have teams working to minimize payouts. We have represented Wisconsin families since 1989 and can help you understand your rights and pursue the recovery your family deserves.

Waiting to hire a lawyer

An immediate letter of preservation can help preserve important data depending on the circumstances of the death, including vehicle-resident or cell phone-resident data.

Delaying the death certificate

Get a copy of the death certificate immediately. Speak with experienced counsel regarding how the findings affect your case.

Not documenting your loved one's role at home

Document your loved one's role in your household, and how their loss has affected your earnings and day-to-day life.

Losing witnesses

Gather contact information of all witnesses. Experienced counsel will then interview and obtain statements.

Giving a statement without counsel

Do not give any statements without counsel. Words will be minced and twisted.

Skipping psychological care

If you need psychological care as a result of your loss, do not skip it or allow any gaps in your treatment. Your health comes above all else, and it strengthens your case to boot.

Posting about the case on social media

NEVER post about your case or your loss on social media.

Contact Us About Your Wrongful Death Case

If you or a loved one needs help with a wrongful death matter, contact Stanford Law Offices, S.C. We serve clients across Wisconsin from offices in Milwaukee and Fond du Lac, and handle matters in other jurisdictions when appropriate.

Call (414) 276-8269 — available 24 hours a day.

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