When Can You File a Civil Suit for Wrongful Death?

 

Wrongful death in Wisconsin – what to do?

When a loved one has died from what appears to be someone else’s negligence, thoughts often turn to a wrongful death lawsuit. The point of the suit is twofold; one, to provide additional punishment to the guilty party through a financial penalty, and two, to get compensation for bills, pain and suffering, emotional distress, lost future earnings, and other costs that resulted from the person’s death. However, when you can file a wrongful death suit isn’t cut and dried.

What Are Wrongful Death Suits Based On?

A wrongful death lawsuit depends on several factors. You have to be able to prove that the death of the person was due to negligence on someone else’s part (or on a company’s part). You also have to be able to prove that the death created a financial injury or loss for you. That’s because this civil case focuses on financial penalties and not criminal aspects of the case.

There are other factors as well; for example, the death of a parent who leaves behind young children means that not only do those children not have the financial support of that parent anymore, but they also don’t have the benefit of learning from and being raised by their parent, either. All that loss is compensable.

What Constitutes a Financial Injury?

Part of wrongful death lawsuit preparation is seeing what role the deceased played in your or someone else’s life. You need to be able to show the court that this person would have had a practical impact on you or someone else’s life had they lived. The person’s age and employment status are pertinent as are their earning potential and life expectancy. 

This is why it’s crucial that you meet with an attorney first. Contact Eisenberg Law Offices at (608) 256-8356 to discuss all the factors pertinent to the case.

This post was originally published at https://www.eisenberglaw.org/when-can-you-file-a-civil-suit-for-wrongful-death/