Losing a loved one is one of life’s most painful experiences. When that loss results from someone else’s negligence or wrongdoing, the grief becomes even more overwhelming. In addition to dealing with emotional trauma, families often face financial hardships from medical bills, funeral costs, and the sudden loss of income their loved ones provided.
If you’ve lost a family member due to someone else’s negligent actions in Stevens Point or central Wisconsin, you may have grounds for a wrongful death claim. Our compassionate Stevens Point, Wisconsin wrongful death attorneys at Anderson O’Brien have been helping grieving families seek justice since 1886. We understand your complex legal and emotional challenges and are here to provide the support and experienced representation you need during this difficult time.
Why Choose Anderson O’Brien?
Anderson O’Brien has been a trusted name in central Wisconsin for over 135 years. Our approach to wrongful death cases reflects our extensive experience and deep commitment to helping families through their darkest moments.
Experience in Wrongful Death Cases
Our wrongful death attorneys have handled numerous cases throughout central Wisconsin, representing families who have lost loved ones in car accidents, truck crashes, workplace incidents, and other tragic circumstances.
We understand these cases’ unique legal challenges, from proving negligence to calculating fair compensation for losses that can never truly be replaced. Wrongful death cases require sensitivity, skill, and thorough preparation, and our team has spent decades developing the experience needed to handle these complex matters effectively.
Resources to Build Strong Cases
Wrongful death cases often require extensive investigation and expert testimony to prove negligence and establish the full extent of your family’s losses.
At Anderson O’Brien, we have the resources and professional relationships to build compelling cases. We work with accident reconstruction specialists, medical experts, economists, and other professionals to thoroughly investigate what happened and demonstrate the impact of your loss.
Personalized Legal Strategies
Every wrongful death case and every family’s situation is unique. We take the time to understand your specific circumstances, including your loved one’s role in the family, earning capacity, and relationships with surviving family members.
It allows us to develop legal strategies tailored to your family’s needs and goals. Our ability to utilize the experience of each of our attorneys to benefit our clients is what sets us apart and makes us unique in central Wisconsin.
Fighting for Justice and Accountability
Our goal at Anderson O’Brien is not just to secure compensation for your family but to pursue justice and help bring some measure of closure to your loss.
Located conveniently in Stevens Point, just a short drive from the Wisconsin River and easily accessible from Interstate 39, our offices have been serving central Wisconsin families for generations. You can reach Anderson O’Brien at (715) 344-0890 for your free consultation.
How Much Is My Wrongful Death Case Worth?
Wisconsin law, Wis. Stat. § 895.04, recognizes that families suffer multiple damages when a loved one dies due to someone else’s negligence, and compensation should address the full range of these losses. Economic damages typically form the foundation of wrongful death claims. These include the lost earnings your loved one would have provided the family over their expected lifetime.
Calculating lost earnings involves considering your loved one’s age, health, education, work history, and career prospects. For younger victims or those with growing careers, these calculations can represent substantial amounts over what would have been a full working lifetime.
Medical expenses related to your loved one’s final injury or illness are also recoverable, including emergency room treatment, surgery, hospitalization, and any other medical care provided before death. Funeral and burial expenses represent another category of economic damages that can be substantial, particularly when families choose services that honor their loved one’s memory.
Non-economic damages address the intangible losses families experience, including the loss of companionship, guidance, and emotional support that your loved one provided.
The relationship between the deceased and surviving family members significantly affects the value of wrongful death claims. Spouses may recover for the loss of companionship, consortium, and shared life experiences. Children may recover for the loss of guidance, advice, and parental support they would have received. Parents may recover for the loss of the relationship with their child and the support they might have expected in their later years.
The age and health of the deceased also impact case value, as does the degree of negligence involved in causing the death. Cases involving particularly reckless or intentional conduct may result in higher compensation than those involving simple negligence.
Understanding Wrongful Death Claims in Wisconsin
Wisconsin wrongful death law provides a framework for families to seek compensation when a loved one dies due to someone else’s negligence or wrongdoing.
- Elements of a Wrongful Death Claim include proving that the defendant owed a duty of care to the deceased. That this duty was breached through negligent or wrongful conduct, that the breach caused the death, and that the family suffered damages as a result.
- Who Can File a Wrongful Death Claim is specifically defined by Wisconsin law. The personal representative of the deceased person’s estate typically files the lawsuit, but the compensation recovered is distributed to surviving family members according to statutory guidelines. Spouses, children, and parents are the primary beneficiaries, though other family members may have rights in certain circumstances.
- Time Limits for Filing are strictly enforced in Wisconsin. Generally, wrongful death lawsuits must be filed within three years of the date of death. However, certain circumstances may affect this deadline, and some cases involving government entities may have shorter time limits. It’s important to consult with a wrongful death lawyer promptly to ensure your rights are protected.
- Relationship to Criminal Cases is vital to understand. If the death resulted from criminal conduct, any criminal prosecution is separate from the wrongful death lawsuit. Criminal cases require proof beyond a reasonable doubt, while wrongful death cases use the lower standard of preponderance of the evidence. It means that families may succeed in wrongful death claims even if criminal charges are not filed or do not result in conviction.
- Insurance Coverage often plays a significant role in wrongful death cases. Liability insurance, workers’ compensation, life insurance, and other coverage may provide sources of compensation. However, insurance companies often dispute claims or offer inadequate settlements, making experienced legal representation essential.
Types of Damages in Wrongful Death Cases
Wisconsin law recognizes several categories of damages that families may recover in wrongful death cases, each addressing different aspects of the losses families suffer when a loved one dies due to someone else’s negligence.
Lost Earnings and Benefits represent the financial support your loved one would have provided the family over their expected lifetime. This calculation considers current income, expected raises and promotions, benefits like health insurance and retirement contributions, and the number of years your loved one would have continued working. These amounts can be substantial for young victims or those with growing careers.
Medical Expenses include all costs related to your loved one’s final injury or illness, from emergency room treatment through any hospital stays, surgeries, and other medical care provided before death. These expenses are recoverable even if they were covered by insurance.
Funeral and Burial Costs are directly recoverable damages that can include funeral services, burial or cremation costs, cemetery plots, headstones, and other related expenses. These costs have increased significantly in recent years and can represent substantial amounts.
Loss of Household Services addresses the value of work your loved one performed around the home, including childcare, housekeeping, yard work, and other services that now must be hired out or performed by surviving family members.
Loss of Companionship and Consortium compensates spouses for the loss of the relationship they shared with their deceased partner, including emotional support, companionship, and the intimate aspects of marriage that have been lost.
Loss of Parental Guidance compensates children for the loss of the advice, guidance, and support they would have received from their deceased parent throughout their lives.
Pain and Suffering of Survivors may be recoverable in certain circumstances, addressing the emotional trauma and grief that family members experience as a result of their loved one’s death.
Punitive Damages may be available in cases involving particularly reckless or intentional conduct. These damages are designed to punish the wrongdoer and deter similar behavior in the future.
Fighting Insurance Companies in Wrongful Death Cases
Insurance adjusters frequently contact grieving families shortly after death, sometimes even before funeral arrangements are made. They may appear sympathetic and helpful while gathering information that will later be used to dispute the claim. These early conversations are often recorded, and families may unknowingly make statements that damage their cases.
Common insurance company tactics include disputing liability by arguing that their insured was not at fault for the accident. They also question the extent of damages by claiming that the deceased’s income was lower than claimed or that they would not have continued working for as long as claimed. Projected and offering quick settlements that seem substantial but fall far short of the case’s true value.
Insurance companies may also delay processing claims, hoping financial pressures force families to accept inadequate settlements. They might request extensive documentation and then claim that the provided information is insufficient, creating additional delays and frustration for grieving families.
At Anderson O’Brien, we understand these tactics and know how to counter them effectively. We handle all communications with insurance companies, ensuring that our client’s rights are protected and that critical evidence is preserved. We work with economic experts to calculate damages accurately and present compelling cases that demonstrate the value of our client’s losses.
Our attorneys are not intimidated by insurance company legal teams. We have the resources and determination to take cases to trial when insurance companies refuse to offer fair compensation. We believe that families deserve justice, not just whatever amount insurance companies are willing to pay.
How Our Wrongful Death Lawyers Can Help
When you choose Anderson O’Brien to represent your family in a wrongful death case, you’re getting comprehensive legal services combined with the compassionate support you need during this difficult time.
- Thorough Investigation and Evidence Gathering form the foundation of every successful wrongful death case. Our attorneys work with accident reconstruction experts, medical professionals, and other specialists to understand exactly what happened and why. We examine all available evidence, interview witnesses, and work to preserve key information that might otherwise be lost.
- Expert Witness Coordination is often essential in wrongful death cases. We work with economists to calculate lost earnings, medical experts to explain the cause of death and other professionals who can help establish liability and damages. These experts help us present compelling cases that accurately reflect the full extent of your family’s losses.
- Negotiation with Insurance Companies requires both legal knowledge and practical experience. Our attorneys understand how insurance companies operate and know how to present settlement demands that reflect the value of your case. We handle all communications with insurance adjusters, protecting your family from tactics designed to minimize your claim.
- Court Representation may be necessary if insurance companies refuse to offer fair settlements. Our trial attorneys have extensive experience presenting wrongful death cases to juries and understand how to effectively communicate the impact of your loss to judges and jury members.
- Compassionate Client Support throughout the legal process ensures that your family understands what’s happening with your case and what to expect next. We believe in keeping our clients informed while handling the legal complexities so families can focus on healing and moving forward.
Contact Anderson O’Brien Today
If you’ve lost a loved one due to someone else’s negligence in Stevens Point or anywhere in central Wisconsin, you don’t have to face this tragedy alone. The experienced wrongful death attorneys at Anderson O’Brien have been helping grieving families seek justice for over 135 years, and we understand both the legal complexities and the emotional challenges you’re facing.
Contact Anderson O’Brien today at (715) 344-0890 for a free, confidential consultation about your wrongful death case. We’ll review the circumstances of your loved one’s death, explain your legal rights, and help you understand what to expect throughout the legal process. Remember, you pay nothing unless we successfully recover compensation for your family.