Losing a loved one unexpectedly is one of the most difficult experiences a family can face. But when that loss happens because of someone else’s negligence, survivors may be left coping with mounting medical expenses, funeral costs, and lost income, along with the emotional impact of losing a spouse, parent, child, or other family member.

The grief can be compounded by questions about accountability, financial instability, and an uncertain future. Families deserve not just compassion but also answers.

At Brian Hodgkiss Injury Lawyers, we help families throughout Appleton, the Fox Cities, and Outagamie County understand their legal options. If your loved one’s death was caused by another person’s carelessness, you could have the right to pursue compensation through a wrongful death claim.

Contact our personal injury lawyers today to schedule a free case review.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought when a person’s death results from another party’s negligence, recklessness, or wrongful conduct. Unlike a criminal case, which punishes wrongdoing with fines, probation, or prison time, a civil wrongful death claim seeks financial compensation for surviving family members who have suffered losses because of the death.

These claims stem from a wide range of accidents and incidents, including motor vehicle collisions, workplace accidents, defective products or drugs, medical negligence, and other preventable tragedies.

No amount of compensation can replace a loved one, but a successful claim can help ease financial burdens and provide a measure of accountability.

Who Is Legally Entitled to File a Wrongful Death Claim in Wisconsin?

In Wisconsin, there are limits to who can bring a wrongful death claim and receive compensation. Because family circumstances vary, determining who can pursue a claim isn’t always straightforward. Questions involving blended families, multiple beneficiaries, and estate administration can complicate the process.

Typically, a wrongful death action can be brought on behalf of a surviving spouse or domestic partner, child, or the parents of a deceased minor child. If none of these individuals exist, other relatives or the deceased person’s estate may have rights under a survival action.

Common Causes of Fatal Accidents in Outagamie County

Fatal accidents can occur in many different situations throughout Appleton and the surrounding Fox Cities region.

Motor Vehicle Accidents

According to the Wisconsin Department of Health Services, motor vehicle accidents are leading cause of accidental death statewide.

In the Appleton area, fatal crashes can happen on heavily traveled roadways such as I-41, WIS 15, and major city streets like College Avenue. Common contributing factors include distracted or impaired driving, speeding, failure to yield, and dangerous weather conditions.

Truck Accidents

Heavy commercial trucks travel regularly through Outagamie County. Because of their size and weight, collisions involving tractor-trailers, semis, and other commercial vehicles often result in catastrophic or fatal injuries.

Truck accident claims can be complex because they involve multiple responsible parties and their insurance companies, including drivers, trucking companies, maintenance providers, and cargo loaders.

Motorcycle Accidents

Motorcyclists are at an increased risk of death because they have little protection during a collision. Even when riders wear appropriate safety gear, motorcycle crashes involving passenger vehicles can easily result in fatal injuries.

Workplace Accidents

The Fox Cities region is home to hundreds of manufacturing, construction, transportation, and industrial employers.

While safety regulations help reduce risks, fatal workplace accidents still happen. Examples include:

• Falls from heights
• Equipment malfunctions
• Electrical incidents
• Vehicle-related accidents
• Exposure to hazardous substances    

In some situations, surviving family members may have both workers’ compensation benefits and potential third-party claims available to them.

Medical Malpractice

Healthcare providers are expected to meet accepted standards of care when treating patients. When medical professionals make preventable errors, the consequences can be tragic.

Fatalities can happen because of surgical mistakes, delayed or misdiagnosed conditions, medication errors, birth injuries, or emergency room negligence.

What Damages Are Available in a Wisconsin Wrongful Death Claim?

A wrongful death claim seeks compensation for the financial and personal losses suffered by surviving family members.

Depending on the circumstances, those damages can include the following:

• Medical expenses received before death
• Funeral and burial costs
• Lost financial support
• Lost employment benefits
• Future financial support
• Loss of retirement contributions
• Loss of companionship, guidance, care, and support

In wrongful death cases, Wisconsin law places statutory limits on non-economic damages, such as loss of companionship. However, the cap can vary according to the circumstances of your case.

Because these laws can affect the value of a claim, having legal guidance on your side to evaluate damages carefully and help you understand how statutory limitations apply can make a huge difference.

Brian Hodgkiss Injury Lawyers has years of experience with wrongful death claims in Appleton, the Fox Cities, and throughout Outagamie County. We understand Wisconsin state law and how to apply it to give you the best chance of recovering compensation for your losses.

Contact our law firm today for a free case review.

Wisconsin’s Statute of Limitations for Wrongful Death Claims

Wrongful death claims are subject to strict filing deadlines. Failing to file within the statute of limitations can stop surviving family members from pursuing compensation.

In Wisconsin, families have three years from the date of death to file a wrongful death lawsuit. However, the filing deadline for deaths resulting from motor vehicle accidents is only two years.

Missing a deadline can bar you from filing a claim. This means that no matter how strong your case is, it’s important to seek legal counsel from an experienced wrongful death attorney as soon as possible.

How Can Brian Hodgkiss Injury Lawyers Help?

Wrongful death claims require extensive investigation, and familiarity with local circumstances is essential to gathering strong evidence.

The team at Brian Hodgkiss Injury Lawyers has served the Appleton community for decades. We have the local knowledge to help identify accident patterns and risk factors affecting residents throughout Outagamie County.

Our Appleton wrongful death attorneys can fight on your behalf by collecting evidence from:

• Local law enforcement agencies
• Accident reconstruction experts
• Healthcare providers
• Appleton and Fox Cities employers
• Witnesses throughout Outagamie County

We can also put you in touch with local support groups to help you through this difficult time, such as NAMI Fox Valley and United Way Fox Cities.

Contact an Appleton Wrongful Death Lawyer

Legal action can’t undo the loss of a loved one, but it could provide financial stability and accountability for those responsible.

If you lost a family member because of someone else’s negligence in Appleton, Fox Cities, or elsewhere in Outagamie County, the personal injury lawyers at Brian Hodgkiss Injury Lawyers can help you move forward.

For a free case review to discuss your potential wrongful death claim, contact us today. You pay no fees unless we win.

Frequently Asked Questions

Losing a loved one to someone else’s negligence raises hard questions, and most families have never dealt with a claim like this before. Below are answers to some of the questions we hear most often from families in Appleton, the Fox Cities, and throughout Outagamie County

Can a Family File a Wrongful Death Claim if the At-Fault Driver Faces Criminal Charges?

Yes. Criminal proceedings and wrongful death claims are separate legal matters. A criminal case is brought by the state or federal government, and a conviction can result in fines, probation, or imprisonment. A wrongful death claim is a civil case and seeks compensation for surviving family members.

What Is the Difference Between a Wrongful Death Claim and a Survival Action in Wisconsin?

These are distinct civil actions. A wrongful death claim compensates surviving family members for losses they experience because of the death. A survival action allows the deceased person’s estate to pursue claims the individual could have brought had they survived, such as claims for medical expenses or pain and suffering before death.

What if the Decedent Was Partly at Fault for the Fatal Accident?

Wisconsin follows a modified comparative negligence system, sometimes called the “51% rule.”

If the deceased person shares at least 51% of the responsibility for the incident, no compensation may be recovered. If the fault is 50% or less, compensation is reduced by that percentage. For example, if the deceased person was 20% responsible for their own accident, recoverable compensation will be reduced by 20%.

Why Do Families Turn to Brian Hodgkiss Injury Lawyers?

Families pursuing a wrongful death claim often face significant emotional and financial challenges. Navigating legal issues while grieving can be overwhelming.

Brian Hodgkiss Injury Lawyers can:

• Investigate the circumstances surrounding the death
• Identify responsible parties
• Preserve important evidence
• Work with qualified experts
• Calculate current and future damages
• Handle negotiations with insurance companies
• Prepare cases for litigation when necessary

Our goal is to help families focus on healing while we handle the legal process. Contact us anytime for a free case review. You only pay when we win, so there’s no risk in reaching out.