Wrongful Death Info Center

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Frequently Asked Questions about Wrongful Death

Q: What is the difference between a civil case and a criminal case against someone who caused a death?

A: A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.

Q: What if an unborn child dies?

A: In many states, the baby must be born alive for its death to be the subject of a wrongful death lawsuit. This is not always the case, however. In some states, the fetus must have been viable (able to live outside the mother's womb) even though it was not born; in other states, viability is not an issue. Because the law varies so much from state to state, it is wise to consult an attorney who knows the laws in your area.

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. If your spouse or family member has been killed under such circumstances, please contact us for an evaluation of your claim.

Brabazon Law Office, LLC • Green Bay, Wisconsin • Wrongful Death Attorneys

If a loved one has died in a car accident caused by a drunk driver or the negligence of another, you may be able to pursue a wrongful death claim. At Brabazon Law Office, LLC, we are personal injury attorneys who handle wrongful death actions with compassion. While you work through the grieving process, we will carefully prepare your claim. We will engage economists and occupational experts to determine the economic value of your loss, and thoroughly investigate all avenues of liability. Our sympathetic personal injury team knows the pain of your loss, and it inspires us to work even harder to get you the compensation you deserve.

Brabazon Law Office, LLC in Green Bay will help you pursue a wrongful death claim if your spouse or child has died due to another person's negligent actions anywhere in Wisconsin. Contact one of our personal injury attorneys to schedule a free initial consultation.

Contained below is some general information about wrongful death. This material is for informational purposes only and should not be taken as legal advice. You should contact us if you have questions or would like to learn more.

Wrongful Death - An Overview

Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney is advisable.

The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:

How much money did the deceased earn?
How much money did the deceased save?
How financially dependent were the survivors on the deceased?

The court will also take into consideration:

Funeral expenses
Medical expenses

The Physician-Patient Privilege in Wrongful Death Cases

The physician-patient privilege is designed to help each patient feel free to tell the doctor the whole truth about what the patient is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient passes away, however, what happens to the privilege?

If you want to take legal action because your loved one suffered a wrongful death, you may have questions about the privacy of the medical records involved. For more information on physician-patient privilege, speak with an experienced attorney.

The Wrongful Death of a Child or an Elderly Person

No matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what has been lost. For more information on how the law applies to the wrongful death of your child or elderly relative, contact an attorney.

Statutes of Limitations and the Discovery Rule

If you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. When this period has elapsed, you will no longer have the option of filing a lawsuit. An attorney can answer your questions about how much time you have to take action.

Monetary Damages in Wrongful Death Cases

Legal actions for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual's death. Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. No matter who the defendant is, the amount and type of financial recovery the plaintiff can make depend on the law of the state in which the case takes place. Contact an attorney to discuss your legal rights.

Wrongful Death Resource Links

National Institute for Occupational Safety and Health (NIOSH)
This governmental agency, part of the Centers for Disease Control (CDC), provides comprehensive information on workplace safety and health.

Occupational Safety and Health Administration (OSHA)
OSHA, part of the US Department of Labor, protects US employees by proposing and enforcing workplace safety and health measures.

How to Deal with Grief
The Substance Abuse and Mental Health Services Administration (SAMHSA) discusses the feelings that accompany grief and how to manage them.

Environmental Health
The CDC offers numerous links to information on how environmental factors like hazardous waste, carbon monoxide and asbestos can affect your health.

Consumer Product Safety Commission (CPSC)
This governmental agency provides information on recalled, potentially dangerous products and offers safety tips for the home.

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Brabazon Law Office, LLC in Green Bay, Wisconsin, represents clients throughout Wisconsin. We regularly appear in the courtrooms of Milwaukee, Brown, Calumet, Door, Fond du Lac, Forest, Kewaunee, Manitowoc, Marinette, Menominee, Oconto, Oneida, Outagamie, Shawano, Sheboygan, Winnebago, and Waupaca counties—including the cities of DePere, Appleton, Oshkosh, Fond du Lac, Waupun, Sheboygan, Manitowoc, Madison, Janesville, Beloit, Kewaunee, Sturgeon Bay, Neenah, Menasha, Shawano, Waupaca, and Wausau.