Wisconsin Fatal Car
Accidents Lawyer

Compassionate Legal Representation to Family Members after a Fatal Accident

Fatal car wrecks are always a tragic sight on Wisconsin’s roads. Cars tend to be totaled, and ambulances rush to the scene to carry away the victims. Unfortunately, hundreds of motorists perish each year in fatal wrecks in the Badger State. Their family members are left with only memories.

At Fitzpatrick, Skemp & Butler, LLC, our legal team stands ready to help those families identify their legal rights and seek compensation for their losses. We have extensive experience serving clients in La Crosse and La Crosse County, providing local expertise in handling these sensitive cases. Wisconsin has adopted wrongful death as a cause of action for personal injury, and a family member—such as a spouse, child, or dependent—may be eligible to file a wrongful death lawsuit. Call our law firm today to check if this is a claim you can bring. We offer an initial consultation to discuss your case and explain the legal process, as well as a free case evaluation to help families understand their options without risk. Financial support is crucial for families after a fatal accident, and we are here to help you pursue the compensation you deserve.

Fatal Accident Statistics

The Wisconsin State Patrol collects crash data, which shows a consistent number of fatal accidents over the past few years:

• 547 fatal accidents in 2022, killing 595
• 546 fatal accidents in 2021, killing 595
• 540 fatal car accidents in 2020, killing 593

What Causes Fatal Car Accidents?

Almost any car wreck could kill one or more passengers, but some accidents are more dangerous than others. Car accident victims, especially in Wisconsin, face significant challenges after crashes. Car crashes, including rear end collisions and pedestrian accidents, are among the most common types of motor vehicle accidents resulting in fatalities. For example, a collision at high speeds will generate more force and cause more serious bodily injuries. Some people die immediately at the scene, while others will succumb in the following days or weeks. Severe injuries, such as broken bones, are also common outcomes of a motor vehicle accident. Car accident victims who have suffered injuries may face long-term consequences.

Wisconsin State Patrol has also identified some of the leading causes of fatal accidents for 2022:

• 162 speed-related fatalities
• 184 impaired-driving fatalities
• 64 drug-related fatalities
• 155 alcohol-related fatalities

When motorists are intoxicated or high, they can engage in riskier behavior, such as running a red light or pulling into a group of pedestrians. Other impaired motorists will fall asleep and cross the center line, leading to a head-on collision, or drive straight through a red light.

A car accident caused by the other driver or a party’s negligence can lead to legal claims for compensation. Establishing a party’s negligence is essential for seeking compensation, as it determines legal responsibility for the accident. If the other driver is uninsured or underinsured, this can affect the compensation options available to car accident victims. Any risky or aggressive driving increases the chances of a fatal crash. But some other causes include inclement weather, like ice or snow on the road. Road defects, including unfixed potholes, can also cause a motorist to lose control and rollover or crash.

Types of Fatal Car Accidents

Fatal car accidents in Wisconsin can take many forms, each presenting unique challenges for accident victims and their families. Some of the most common types include head-on collisions, rear end collisions, side-impact (T-bone) crashes, and pedestrian accidents. Head-on collisions often result in catastrophic injuries or fatalities due to the combined force of impact, while rear end collisions can be deadly, especially at high speeds or when larger vehicles are involved. Side-impact crashes frequently occur at intersections and can be particularly dangerous for passengers seated on the impacted side.

Pedestrian accidents are another tragic category, often caused by distracted driving, failure to yield, or poor visibility. In these cases, pedestrians are especially vulnerable to severe or fatal injuries. Distracted driving—such as texting, using a phone, or adjusting in-car controls—remains a leading cause of fatal car accidents across Wisconsin.

No matter the type of accident, the aftermath can be overwhelming for families. Navigating the legal process requires the guidance of experienced car accident attorneys and personal injury lawyers who understand the complexities of these cases. Injury lawyers can help families pursue compensation for their losses, ensuring that the responsible party is held accountable and that survivors receive the maximum compensation available under the law.

What to Do at the Accident Scene After a Fatal Crash

Experiencing a fatal car accident is overwhelming and traumatic, but the steps you take immediately afterward can make a significant difference for accident victims and their families. Ensuring safety, preserving evidence, and understanding your rights under Wisconsin law are crucial for protecting your ability to seek compensation and hold the responsible party accountable.

Here’s what you should do at the accident scene after a fatal crash:

1. Call the police immediately: Dial 911 to report the car accident and provide clear details about the location, number of vehicles, and any injuries or fatalities. Prompt police response ensures the accident scene is secured and a police report is generated—an essential document for any personal injury claim.
2. Ensure safety: Move yourself and others to a safe area away from traffic if possible. Check for injuries and, if you are able, provide basic first aid until emergency responders arrive.
3. Do not admit fault: Avoid making statements about who caused the accident. Admitting fault at the scene can impact your ability to recover compensation later, even if you are not the at fault driver.
4. Document the scene: Use your phone to take photos or videos of the accident scene, vehicle damage, road conditions, weather, and any visible injuries. This evidence can be invaluable for your car accident attorney and insurance companies when evaluating your car accident claim.
5. Gather information: Collect names, contact details, and insurance information from all drivers involved, including the other driver. Be sure to note if the other driver is uninsured or underinsured, as this can impact your legal options for seeking compensation. Also, gather contact information for any witnesses. This information will help your legal team and injury lawyers determine liability and build a strong case.
6. Wait for the police to arrive: Remain at the scene until law enforcement arrives and completes their investigation. Cooperate fully and request a copy of the police report, which will be critical for your personal injury case.
7. Seek medical attention: Even if you feel uninjured, it’s important to get checked by a medical professional. Individuals who have suffered injuries, including less visible ones, should seek prompt care. Some injuries, such as spinal cord injuries or internal trauma, may not be immediately apparent but can have serious long-term effects. Remember that car accidents can also result in psychological trauma, such as post traumatic stress disorder, so addressing emotional and psychological injuries is just as important as treating physical ones.
8. Contact a personal injury lawyer: As soon as possible, reach out to an experienced car accident attorney or personal injury lawyer. Legal representation is essential for navigating the legal process, dealing with insurance companies, and ensuring you receive the maximum compensation for your losses.

Taking these steps not only protects your health and safety but also strengthens your ability to pursue compensation for medical expenses, lost wages, and other damages. Accident victims and their families often face significant financial and emotional burdens after a fatal accident, and having a knowledgeable legal team on your side can make all the difference in achieving a fair settlement.

Wisconsin law requires drivers to carry minimum liability insurance, but insurance coverage may not be enough to fully support accident victims after a fatal crash. An experienced car accident lawyer can help you understand your rights, negotiate with insurance companies, and guide you through the whole process of filing a personal injury claim or wrongful death lawsuit.

If you or a loved one has suffered harm in a fatal car accident, don’t hesitate to contact a reputable law firm for a free consultation. The right legal team will provide compassionate support, answer your questions, and fight to hold the responsible party accountable by establishing the party’s negligence—helping you seek justice and the financial compensation you deserve.

Wrongful Death Cases in Wisconsin

Losing a loved one in an accident is emotionally shattering. There is nothing the law can do to bring a loved one back. If the driver responsible for the accident broke the law, then the police might arrest them, and the state might file charges. That often happens if the driver was intoxicated or driving well over the speed limit.

Family members should also consider whether they can bring a wrongful death lawsuit. A wrongful death lawsuit is a distinct legal matter, separate from any criminal charges that may be filed.

• This is a civil case, not a criminal case. Accordingly, the burden of proof is lower, and you only need to show it is more likely than not that the defendant was liable for your loved one’s death.
• Family members can receive compensation if the defendant is liable. The defendant does not go to jail.
• The claim seeks to compensate survivors for economic and non-economic losses suffered.
• Wrongful death claims may involve complex legal proceedings to establish liability and secure compensation for the survivors.

Wisconsin allows either the estate’s personal representative to file the lawsuit or certain family members, such as the surviving spouse. We strongly encourage you to reach out to our firm to talk about your case.

Filing a Fatal Car Accident Case in Wisconsin

Filing a fatal car accident case in Wisconsin involves several important steps, and understanding the legal process is crucial for families seeking justice. Under Wisconsin law, family members of the deceased—such as a spouse, child, or parent—may file a wrongful death claim against the responsible party. This claim can seek compensation for a range of damages, including medical expenses incurred before death, lost wages that the deceased would have earned, and pain and suffering experienced by both the victim and their loved ones.

The process begins with gathering evidence to support your car accident case, such as police reports, witness statements, and medical records. An experienced car accident attorney or personal injury lawyer can help you build a strong case by investigating the accident, identifying all liable parties, and ensuring that critical deadlines are met. Insurance companies may attempt to minimize payouts or dispute liability, making it essential to have skilled legal representation on your side.

A personal injury lawyer will also help you understand your rights under Wisconsin law, negotiate with insurance companies, and advocate for a fair settlement. If a settlement cannot be reached, your attorney can take the case to court to pursue the compensation you deserve. By working with a knowledgeable legal team, you can focus on healing while your advocates handle the complexities of your wrongful death claim and fight for justice on your behalf.

Statute of Limitations for Fatal Car Accident Claims in Wisconsin

When pursuing a car accident claim after a fatal crash in Wisconsin, it’s crucial to be aware of the statute of limitations that governs your right to seek compensation. In most cases, Wisconsin law provides a three-year window from the date of the accident to file a wrongful death lawsuit. This deadline is strictly enforced, and missing it can mean losing your ability to recover damages for your loss.

There are, however, certain exceptions to this rule. For example, if the fatal car accident involved a minor, the statute of limitations may be paused—or “tolled”—until the minor reaches the age of 18, giving them additional time to initiate a claim. Because these rules can be complex and exceptions may apply, it’s essential to consult with an experienced car accident attorney as soon as possible. Your attorney will help you understand the specific deadlines that apply to your case, guide you through the legal process, and ensure that all necessary paperwork is filed on time.

Acting promptly not only protects your legal rights but also strengthens your ability to seek compensation for your losses. If you have questions about the statute of limitations or need help with a fatal car accident claim, don’t wait—reach out to a knowledgeable attorney who can help you navigate the process and secure the justice your family deserves.

Compensation when a Loved One Dies in Wisconsin

The purpose of a wrongful death claim is to provide financial compensation for the death of your loved one in a fatal car accident. Money is inadequate to replace a spouse or parent, but it’s what the courts can give victims. Many of our clients suffer serious financial distress after the death of a spouse or parent. A wrongful death claim, which is closely related to personal injury claims, can help with that. These claims may also include compensation for chronic pain suffered by the deceased before passing.

Our clients seek compensation for certain damages:

• Funeral/burial expenses;
• Medical bills to treat the final illness or injury;
• Financial losses, such as the wages the deceased would have earned had they lived; and
• Loss of companionship and society.

It is important to consult a personal injury attorney to help maximize your recovery and ensure all damages, including those for chronic pain, are properly considered.

A surviving spouse and children will receive at least 50% of any damages awarded, regardless of who filed the lawsuit. Loss of companionship damages are also capped: a surviving spouse can receive a maximum of $350,000, with a child receiving $500,000, at most.

Comparative Negligence & Fatal Car Accidents in Wisconsin

Wisconsin’s comparative negligence law can impact any wrongful death claim. Generally, Wisc. Stat. § 895.045 does not bar you from bringing a wrongful death claim unless the deceased’s negligence was greater than the defendant’s negligence. In other words, the claim depends on whether the party’s negligence—meaning the defendant’s responsibility for the accident—was greater or less than the deceased’s. This means your loved one could be up to 50% at fault but not more.

Negligent driver includes:

• Speeding
• Driving while distracted
• Driving while fatigued
• Failing to yield
• Failing to use turn signals or mirrors
• Illegal lane changes

If your loved one was 50% or less at fault, their negligence will still reduce your compensation proportionally. As an example: If your loved one was 40% at fault, then you can receive at most 60% of your damages against the defendant.

Comparative negligence cases can be complex, and having experienced attorneys or experienced lawyers on your side is crucial to properly navigate these issues and maximize your recovery. Unlike other attorneys who may lack the specific expertise in handling comparative negligence claims, our firm’s experienced lawyers are dedicated to ensuring you receive the best possible outcome.

Seat Belt Defense in Wisconsin

Wisconsin requires that motorists wear a seat belt. What happens if your loved one wasn’t buckled up at the time of the accident? Isn’t this a type of negligence which could defeat a legal claim?

Under the law, failure to wear a seat belt is not always negligence. However, compensation can be reduced if your loved one’s failure to wear a seat belt was related to their injuries. For example, someone who wasn’t belted could be tossed from the vehicle or suffer devastating chest injuries when they slam into the steering wheel. Do not be surprised if there is heavy focus on whether your loved one was buckled in before the crash.

There’s good news: Wisc. Stat. § 347.48(2m)(g) states that any award cannot be reduced by more than 15%.  So even if your loved one wasn’t wearing a belt, the amount of compensation you receive will not be reduced too much.

Evidence for a Wisconsin Fatal Car Accident

These are challenging cases. Your loved one who perished is an important witness as to what happened, but now he or she is gone, so we can’t question them. Fault is a major consideration in any car accident, including fatal accidents. You can’t bring a wrongful death claim unless the defendant is in some way at fault for the crash.

Car accident victims and their families rely on evidence to support their claims and ensure their rights are protected.

At Fitzpatrick, Skemp & Butler, LLC, our wrongful death lawyers rely on evidence to piece together what happened. When police arrive at the scene, it is crucial to document everything immediately. The police officer is responsible for gathering evidence, collecting witness information, and creating police reports, which are vital in establishing liability and supporting legal claims. Some of the most important pieces include:

• Witnesses. An eyewitness could be the other driver involved in the accident, a passenger in a vehicle nearby, or another person on the road. They can explain to insurance adjusters and lawyers what happened. They are probably the most important part of any wrongful death case.
• Video evidence. Some fatal accidents are recorded. For example, an accident outside a gas station could be recorded on security cameras. Some vehicles also have dashcams, which might pick up an accident happening in front of them.
• Skid marks and physical damage. Physical evidence can help our experts and accident reconstructionists reconstruct an accident. A skid mark shows which driver braked or took other defensive action. The way two vehicles collide also tells us their angle of impact. Accident reconstructionists analyze crash scenes, physical debris, electronic data, and witness statements to clarify the circumstances and assist in legal proceedings.
• Admissions by the defendant. A defendant might admit to looking at a cell phone while driving or nodding off briefly behind the wheel. We can use the defendant’s admissions when building a case to prove liability.
• Toxicology reports. If the driver was high or drunk, we might use any toxicology report from a breath, urine, or blood test. That is powerful evidence the defendant was negligent.
• Cell phone records. If we suspect a driver was texting while driving, we might request copies of their cell phone records.
• Medical records. Medical records are essential for documenting suffered injuries, including both physical and psychological harm. In some cases, post traumatic stress disorder (PTSD) may be a documented injury relevant to the case, highlighting the need to address both emotional and physical damages.

Determining Liability in Fatal Car Accident Cases

Establishing who is at fault in a fatal car accident is a critical step in holding the responsible party accountable and securing the maximum compensation available. Determining liability involves a comprehensive investigation of the accident scene, careful review of police reports, and analysis of all available evidence, including witness statements, video footage, and medical records. These elements help paint a clear picture of how the accident occurred and who should be held responsible.

In Wisconsin, the principle of comparative negligence applies to car accident cases. This means that if the deceased or another party is found to be partially at fault, any compensation awarded may be reduced by their percentage of fault. For example, if your loved one was found to be 20% responsible for the accident, the compensation you receive would be reduced accordingly. Because these cases can be complex and insurance companies may try to shift blame, having an experienced car accident attorney on your side is essential.

A skilled attorney will work diligently to gather and analyze all relevant evidence, consult with accident reconstructionists if necessary, and build a strong case to prove the other party’s negligence. By thoroughly investigating the accident and leveraging their knowledge of Wisconsin law, your attorney can help ensure that the responsible party is held accountable and that you receive the maximum compensation you deserve.

Insurance Companies and Settlements after a Fatal Car Accident

Dealing with insurance companies after a fatal car accident can be one of the most challenging aspects for grieving families. Insurance companies are primarily focused on protecting their bottom line, and they may attempt to limit their financial responsibility by offering low settlements or denying valid claims. This is why it is critical to have an experienced car accident attorney or personal injury lawyer representing your interests throughout the process.

A skilled attorney will review the terms of your insurance policy, gather all necessary documentation, and negotiate directly with the insurance company to ensure you receive a fair settlement. Personal injury lawyers understand the tactics insurance companies use and can counter their efforts to minimize compensation. In some cases, if the insurance company refuses to offer a reasonable settlement, it may be necessary to file a lawsuit to pursue the maximum compensation available for your losses.

Having strong legal representation not only levels the playing field but also provides peace of mind during a difficult time. Your attorney will handle communications, advocate for your rights, and work tirelessly to secure the financial support your family needs to move forward after a tragic loss. By partnering with a dedicated legal team, you can focus on healing while your advocates fight for the justice and compensation you deserve.

Court Representation for Fatal Car Accident Lawsuits

When a fatal car accident leads to a lawsuit, having strong court representation can make all the difference in the outcome of your case. The legal process for wrongful death claims can be complex, involving multiple steps such as filing legal documents, responding to motions, and presenting evidence in court. An experienced car accident attorney will guide you through every stage, ensuring that your rights are protected and your case is presented effectively.

Your attorney will handle all aspects of the legal process, from gathering and organizing evidence to negotiating with the opposing party and, if necessary, arguing your case before a judge or jury. This comprehensive support allows you and your family to focus on grieving and healing, knowing that your legal matter is in capable hands. With a dedicated attorney advocating for your interests, you can pursue justice for your loved one and seek the maximum compensation available under Wisconsin law.

Choosing the right legal representation is essential for achieving a favorable outcome in your car accident case. Trust an experienced car accident attorney to fight for your rights and help you navigate the complexities of the legal system during this difficult time.

Why Choose our Fatal Car Accident Lawyers

Many lawyers are not prepared for the work that a wrongful death case requires. To win a case, we need to fully understand what happened and why.

We are proud to bring to every case we accept:

• Broad experience in car accident law. We know the physics of car accidents and can identify the likely cause of any wreck.
• Experienced car accident attorneys and personal injury lawyers. Our team has a proven track record of helping clients recover compensation after auto accidents and other injury cases.
• Detailed investigations. We don’t sit and wait for the police to perform an investigation. We can visit the scene, talk to witnesses, and ask the defendant questions under oath.
• Fluency with the law. Personal injury law is a big field, which is always changing. We keep up with all new case developments so we make the most powerful legal arguments on your behalf.
• Compassion. We understand that losing a loved one in a crash is a turning point in our clients’ lives. We never lose sight of the emotional toll these cases take on you.
• Seasoned negotiators. Our firm can usually negotiate a settlement, which makes a wrongful death trial unnecessary. We drive a tough bargain by fully documenting our position with opposing counsel.
• Effective litigation strategies. Filing a lawsuit is sometimes necessary to gain leverage over a defendant. We know how to make the state’s rules of evidence and civil procedure work for you.

We work on a contingent fee basis, so you pay nothing unless we achieve a favorable outcome for your case. Our firm has a strong record of handling auto accident claims and securing positive results for our clients.

Fatal Car Accidents: FAQs

What should families do after a fatal car accident in Wisconsin?

After a fatal car accident, families often feel overwhelmed and unsure of what steps to take. The first priority is ensuring that immediate medical needs and funeral arrangements are addressed. Once those urgent matters are managed, it is important to understand the legal rights survivors may have. In Wisconsin, family members may be eligible to file a wrongful death claim to seek compensation for medical bills, funeral expenses, lost income, and emotional suffering. Taking legal action also helps hold negligent drivers accountable. Because these cases can be complex and time-sensitive, many families choose to work with experienced La Crosse injury lawyers who can guide them through the process, handle paperwork, and advocate for their rights while they focus on grieving and healing.

Who can file a wrongful death claim after a fatal car accident in Wisconsin?

Wisconsin law allows certain family members to pursue a wrongful death claim following a fatal car accident. Typically, this includes the surviving spouse, children, or parents of the deceased. If no immediate family members are available, the personal representative of the estate may file on behalf of beneficiaries. These claims can cover expenses like funeral costs, medical bills, lost wages, and loss of companionship. Because the legal process can be complicated, it is important to act quickly and understand your rights under state law. Consulting with skilled La Crosse injury lawyers can help families navigate these claims effectively and ensure they pursue the maximum compensation available. This support allows grieving loved ones to focus on honoring their family member’s memory while trusted attorneys handle the legal details.

What damages are available in fatal car accident cases in Wisconsin?

When a fatal car accident occurs in Wisconsin, families may be entitled to recover a range of damages through a wrongful death claim. These damages often include medical costs incurred before death, funeral and burial expenses, lost future income, and loss of companionship and guidance. Courts may also award compensation for the emotional distress survivors experience. While no amount of money can replace a loved one, these damages can help families achieve financial stability and a sense of justice. Because insurance companies may try to limit payouts, it is critical to have strong representation. Experienced La Crosse injury lawyers understand how to build a compelling case, present evidence of damages, and fight for fair compensation so families can move forward with greater security and peace of mind.

Free Consultation with a Wisconsin Fatal Car Accident Attorney

If you have lost a loved one in a fatal car accident, you don’t have to face the aftermath alone. A free consultation with a Wisconsin fatal car accident attorney can provide you with the information and support you need to move forward. During your free consultation, an experienced attorney will review the details of your case, explain the legal process, and discuss your options for seeking justice and compensation.

This initial meeting is an opportunity for car accident victims and their families to ask questions, understand their rights, and receive honest guidance from injury lawyers who are dedicated to helping you. There is no obligation, and you will gain valuable insight into how to proceed with your claim. At Fitzpatrick, Skemp & Butler, LLC, our experienced attorneys are committed to supporting car accident victims and their families throughout the legal process. We offer compassionate, knowledgeable representation and will work tirelessly to help you seek justice and the financial support you deserve.

Contact us today to schedule your free consultation and take the first step toward healing and recovery. Let our experienced attorneys help you navigate this challenging time and fight for the compensation your family needs.

Speak with a Fatal Car Accidents Lawyer Today

At Fitzpatrick, Skemp & Butler, LLC, we understand that losing a loved one is one of the hardest experiences a family can face. No amount of legal action can take away the pain, but pursuing justice can provide a sense of accountability and financial security during such a difficult time. Whether the loss was caused by a car accident, workplace tragedy, or another act of negligence, our team is here to stand by your side with compassion and strength. We know that legal questions often feel overwhelming in the middle of grief, which is why we take the time to listen, explain your options, and guide you through every step. Our firm offers confidential consultations to families who need answers and support. You deserve to know your rights and to have a trusted personal injury lawyer who will protect them. If you are ready to talk, please reach out. Fitzpatrick, Skemp & Butler, LLC is here to help you move forward with dignity and care.