Losing a loved one is hard enough for the family members and friends that must live with their grief. It is even more sad and difficult when the individual suddenly died without having the time to say goodbye.
There are times when a person dies due to the fault of another. This could be an accident that leads to a death after someone responsible failed to perform their due diligence with regards to safety. Learn how to determine if you should file a legal wrongful death lawsuit in Wisconsin by finding a reliable wrongful death lawyer.
What Situations Are Classified as Wrongful Death?
Wrongful death cases include a number of situations that lead to a death due to the fault, willful misconduct, or negligence of another party. Some examples would include tripping down stairs that have a broken step, slipping on a wet floor in a grocery store, getting hit in the head near a construction site, or being given the wrong treatment or medication in a medical facility, leading to life-threatening complications followed by death.
Are Wrongful Death Laws the Same in Every State?
Although every state has wrongful death laws on the books, the details on who is qualified to file a wrongful death lawsuit, types of circumstances that constitute wrongful death in each state, and other factors are different from state to state. This is why it is essential for someone living in Pennsylvania to contact an attorney in Pennsylvania, and someone else living in Wisconsin should locate a wrongful death lawyer in Wisconsin and so forth.
Is Nursing Home Abuse that Leads to Death a Wrongful Death Case?
Yes, nursing homes are only allowed to operate and accept government funds and insurance payments when they follow the federal and state laws designed to protect elders living in residential nursing homes. Abuse of a nursing home resident can lead to criminal charges which may be filed under different abuse statutes depending on each unique situation. When a death occurs after an abusive event, the person who caused the death can be charged with anything from wrongful death to assault and even murder.
Who Has the Authority to File a Wrongful Death Case in Wisconsin?
In the state of Wisconsin, the people eligible to file a wrongful lawsuit include the personal representative who handles the deceased person’s estate, surviving spouse or other domestic partner, parents, children, and legal guardian. If these options do not exist, the courts can appoint a legal representative to handle the estate and court proceedings. It is always best to consult with a wrongful death attorney practicing in Wisconsin to gain a deeper understanding of how to move forward through the court system.
Will Funeral and Burial Expenses Be Included?
Most states in this country allow families or other eligible representatives to file a wrongful death lawsuit in order to get compensation from the guilty party that cover funeral and burial costs. Most of those states also allow other compensation benefits, but these rules vary widely between states. Typically, the guilty party responsible for the wrongful death will be held liable for these expenses if the family or representative wins the lawsuit.
Wrongful death cases often take a long time to get through this lengthy process. Your choice of an attorney can make a huge difference in regards to winning your individual case.