The sudden loss of a loved one in a fatal car accident is a devastating experience that leaves families grappling with grief while facing unexpected financial burdens. In Wisconsin, fatal car accidents continue to claim hundreds of lives annually, with 584 traffic fatalities reported in 2023 —an 8% increase from a decade earlier. If your family has suffered such a tragic loss, understanding your legal rights is crucial for securing the compensation you deserve.
Wisconsin Fatal Car Accident Statistics: A Growing Concern
Recent data from the Wisconsin Department of Transportation reveals troubling trends in roadway fatalities. While the national average has shown some improvement, Wisconsin has experienced an increase in traffic-related deaths. In 2023, the state recorded 584 traffic fatalities, up from 543 in 2013. This upward trend highlights the ongoing danger on Wisconsin roads and the importance of holding negligent drivers accountable.
The human cost behind these statistics is immeasurable—each number represents a family forever changed by loss. Understanding the common causes of these fatal accidents can help identify liability and strengthen wrongful death claims.
Common Causes of Fatal Car Accidents in Wisconsin
Fatal car accidents in Wisconsin often result from preventable circumstances:
- Distracted driving: Using mobile phones, adjusting entertainment systems, or other distractions continue to be leading factors in fatal crashes. Wisconsin law enforcement agencies report that distraction-related accidents remain a significant concern on state roadways.
- Impaired driving: Alcohol and drug impairment substantially increases crash risk. Despite strict laws, intoxicated driving continues to contribute to a significant percentage of Wisconsin’s fatal accidents.
- Speeding and reckless driving: Excessive speed reduces reaction time and increases crash severity. Wisconsin highways have seen an uptick in high-speed collisions, particularly on rural roads and interstates.
- Adverse weather conditions: Wisconsin’s harsh winters create hazardous driving conditions, with ice and snow contributing to fatal accidents when drivers fail to adjust their behavior appropriately.
- Commercial vehicle accidents: Collisions involving large trucks and commercial vehicles often result in fatalities due to the size disparity between vehicles.
When these factors result in a fatal accident, surviving family members may have grounds for a wrongful death claim .
Understanding Wrongful Death Claims in Wisconsin
Wisconsin law allows certain family members to pursue compensation when a loved one dies due to another’s negligence. Unlike some states with complex eligibility restrictions, Wisconsin’s wrongful death statute provides clear guidelines on who can file a claim and what damages may be recovered.
Who Can File a Wrongful Death Claim in Wisconsin?
Under Wisconsin law, the following individuals may bring a wrongful death action:
- The deceased person’s spouse or domestic partner
- Children of the deceased
- Parents of the deceased (if the victim had no spouse or children)
- The personal representative of the deceased’s estate
The claim must be filed within three years of the date of death in most circumstances, making it essential to consult with an experienced attorney promptly.
Recoverable Damages in Wisconsin Wrongful Death Cases
Wisconsin law allows surviving family members to recover various damages, including:
- Economic damages: Medical expenses prior to death, funeral and burial costs, loss of financial support, and loss of services the deceased would have provided.
- Non-economic damages: Loss of companionship and society. Wisconsin caps non-economic damages at $350,000 for deceased adults and $500,000 for deceased minors.
- Punitive damages: In cases involving particularly egregious conduct, such as drunk driving, punitive damages may be available to punish the wrongdoer and deter similar behavior.
It’s important to note that Wisconsin’s comparative negligence rule applies to wrongful death claims. If the deceased was partially at fault for the accident, the compensation may be reduced proportionally, provided they were less than 51% responsible.
The Importance of Legal Representation in Fatal Accident Cases
Wrongful death claims arising from fatal car accidents are among the most complex personal injury cases. Insurance companies often deploy aggressive tactics to minimize payouts, knowing that grieving families may be vulnerable and in need of immediate financial assistance.
An experienced Wisconsin wrongful death attorney can:
- Conduct a thorough investigation of the accident
- Identify all potentially liable parties
- Calculate the full extent of economic and non-economic damages
- Handle all communications with insurance companies
- Prepare and file necessary legal documents
- Negotiate for maximum compensation
- Represent your interests at trial if a fair settlement cannot be reached
How Fitzpatrick, Skemp & Butler, LLC Can Help
At Fitzpatrick, Skemp & Butler, LLC , we understand that no amount of compensation can replace your loved one. However, a successful wrongful death claim can provide financial security and a sense of justice during this difficult time.
Our experienced Wisconsin wrongful death attorneys have helped numerous families navigate the legal process following fatal car accidents. We approach each case with compassion, dedication, and a commitment to securing the maximum compensation available under Wisconsin law.
If you’ve lost a loved one in a fatal car accident, contact our office today for a free, confidential consultation. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
Don’t face this challenging time alone—let our experienced legal team help you seek the justice and compensation your family deserves.