There is no pain more profound than losing a loved one because of someone else’s carelessness. The grief is a crushing weight, made even heavier by the anger and confusion that follows. In the midst of this emotional turmoil, the legal system may be the last thing on your mind. But when a family member’s death was caused by another party’s negligence, pursuing a wrongful death claim is often a necessary step toward securing your family’s future and finding a small measure of justice.
The decision to hire an attorney is a significant one, and finding the right attorney is absolutely critical. A wrongful death case is not just another personal injury claim; it is a complex, emotionally charged legal process that requires a lawyer with a unique combination of skill, experience, and compassion.
If you are facing this unimaginable loss in Wisconsin, here is a guide to help you find the right wrongful death attorney for your family.
What to Look For in a Wisconsin Wrongful Death Lawyer
Not all attorneys are equipped to handle the sensitive and intricate nature of a wrongful death lawsuit. As you begin your search, prioritize these key qualifications:
1. Specific Experience in Wrongful Death Cases
This is the most important factor. You don’t just want a general personal injury lawyer; you need an attorney and a law firm with a proven track record of successfully handling wrongful death claims in Wisconsin. When you meet with a potential attorney, ask them directly:
- How many wrongful death cases have you personally handled?
- What were the circumstances of those cases (e.g., car accident, medical malpractice, workplace incident)?
- What were the results of those cases?
An experienced wrongful death lawyer will understand the specific laws that govern these claims in Wisconsin, including who is eligible to file a lawsuit and what types of damages can be recovered. They will have a deep understanding of how to prove negligence and build a compelling case that demonstrates the full impact of your loss.
2. A History of Trial Success
While most wrongful death cases are settled out of court, you need an attorney who is not afraid to go to trial. Insurance companies are far more likely to offer a fair settlement when they know your lawyer has the skill, resources, and willingness to take a case before a judge and jury. A firm’s history of verdicts and settlements can be a strong indicator of their ability and reputation. Look for an attorney who is a respected litigator, not just a negotiator.
3. Resources to Build a Strong Case
Wrongful death lawsuits are expensive and resource-intensive to pursue. They often require a team of experts to prove liability and damages, including:
- Accident reconstruction specialists to determine the cause of the incident.
- Medical experts to explain the cause of death and any pain and suffering the deceased experienced.
- Economists and vocational experts to calculate the full financial loss to your family, including lost income, benefits, and services.
A reputable law firm will have the financial resources to front these costs, ensuring that no stone is left unturned in building your case. You should never have to pay for these expenses out of your own pocket.
4. Compassion and Communication
This is a deeply personal and emotional journey. The right attorney will be more than just a legal technician; they will be a compassionate guide who understands what you are going through. During your initial consultation, pay attention to how the attorney and their staff make you feel.
- Do they listen patiently to your story?
- Do they explain the legal process in a clear and understandable way?
- Do they show genuine empathy for your loss?
- Do they have a clear communication plan for keeping you updated on your case?
You will be working closely with this person for months or even years. It’s essential that you trust them and feel comfortable with them.
Where to Start Your Search
- Ask for Referrals: If you know a trusted friend, family member, or another attorney, ask for a recommendation.
- Look at Legal Directories: Reputable online directories like Avvo, Martindale-Hubbell, and Super Lawyers can provide ratings, reviews, and information about an attorney’s practice areas.
- Review Law Firm Websites: A professional and informative website is a good sign. Look for client testimonials, case results, and detailed attorney bios.
Questions to Ask During Your Free Consultation
Most reputable wrongful death attorneys offer a free initial consultation. This is your opportunity to interview them. Come prepared with a list of questions, including:
- Who in the firm will be primarily responsible for my case?
- How does your contingency fee work? What percentage do you charge?
- What are the potential challenges you see in my case?
- What is your philosophy on settling versus going to trial?
A Final Word of Advice: Trust Your Instincts
Ultimately, the decision of who to hire is a personal one. After you’ve done your research and conducted your interviews, trust your gut. The right attorney will not only have the right qualifications but will also give you a sense of confidence and peace of mind during an incredibly difficult time.
Frequently Asked Questions (Q&A)
Q: Who can file a wrongful death lawsuit in Wisconsin?
A: In Wisconsin, a wrongful death claim is typically filed by the personal representative of the deceased’s estate. Any damages recovered are for the benefit of the surviving family members, such as the spouse, children, or parents.
Q: What kind of compensation can we receive?
A: Damages in a Wisconsin wrongful death case can include compensation for medical and funeral expenses, loss of financial support, and the loss of society and companionship (which is capped by state law).
Q: How long do we have to file a wrongful death claim?
A: Generally, the statute of limitations for a wrongful death claim in Wisconsin is three years from the date of death. However, if the death was caused by a motor vehicle accident, the limit is two years. It is crucial to speak with an attorney as soon as possible to protect your rights.
Contact a Compassionate Wisconsin Wrongful death Attorney Today
At Fitzpatrick, Skemp & Butler, we understand that no amount of money can ever replace your loved one. But we also know that a successful wrongful death claim can provide your family with the financial stability and sense of justice you need to begin the healing process. Our attorneys have the experience, resources, and compassion to guide you through this difficult journey. Please contact us at 608-784-4370 for a free, confidential consultation to discuss your case. Let us help you honor your loved one’s memory by holding the responsible parties accountable.”””