A wrongful death claim arises when another party’s negligence or misconduct causes an individual’s death. In truck accident cases, this could include a negligent truck driver, trucking company, maintenance provider, or cargo loader.
Financial stakes are usually far higher in commercial truck accident-related wrongful death claims compared to passenger vehicle injury claims. You want a high-powered truck accident and wrongful death legal help from a proven law firm with the ability to take on large insurance carriers and trucking companies and get you justice and compensation for the loss of your loved one.
Truck Accident Personal Injury vs. Wrongful Death Lawsuits
Personal Injury Lawsuits
These are initiated by individuals who have sustained injuries due to another party’s negligence. The injured party seeks compensation for damages such as medical expenses, lost wages, pain and suffering, and other related losses.
Wrongful Death Lawsuits
When an individual’s death results from another’s negligent or intentional actions, certain family members or representatives can file a wrongful death lawsuit. This legal action aims to compensate survivors for their losses, including loss of companionship, financial support, and funeral expenses.
Eligibility to File a Wrongful Death Claim in Wisconsin
Under Wisconsin’s wrongful death law, the following parties are eligible to file a claim in fatal truck accident cases:
- Personal Representative: The individual responsible for managing the deceased’s estate.
- Heirs or Beneficiaries: Typically, these include the deceased’s spouse, children, or parents.
Note that wrongful death lawsuits are civil cases, separate from any criminal proceedings that might arise from the same incident.
Statute of Limitations for Wrongful Death Claims
Wisconsin imposes time limits for filing wrongful death lawsuits:
- Motor Vehicle Accidents: A wrongful death truck accident claim must be filed within two years from the date of death.
- Other Incidents: For wrongful deaths not involving motor vehicles, the statute of limitations extends to three years.
Adhering to these deadlines is vital. Failure to file within the specified period can result in the loss of the right to pursue legal action.
Recoverable Damages in Wisconsin Wrongful Death Cases
Survivors may be entitled to various forms of compensation, including:
- Economic Damages: These encompass medical expenses incurred prior to death, funeral and burial costs, and loss of the deceased’s expected earnings.
- Non-Economic Damages: Compensation for loss of companionship, love, affection, care, and protection. Wisconsin law caps these damages at $350,000 for deceased adults and $500,000 for deceased minors.
Legal Elements in Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit in Wisconsin, the plaintiff or their truck accident attorney must establish the following legal elements:
- Duty of Care: The defendant owed a legal duty to the deceased.
- Breach of Duty: The defendant breached this duty through negligent or intentional actions.
- Causation: The breach directly caused the death of the individual.
- Damages: The death resulted in quantifiable losses to the survivors.
With the right facts and evidence, an experienced wrongful death lawyer can effectively establish negligence and causation.
Steps Our Wrongful Death Claim Truck Lawyers Take to Maximize Your Compensation
Losing a loved one in a tragic truck accident is devastating. At Gingras, Thomsen & Wachs, we understand that no amount of compensation can replace your loss, but a wrongful death claim can help ease the financial burden and provide justice for your loved one. Here’s how our truck accident wrongful death attorney will handle your case with diligence, compassion, and relentless legal advocacy.
Listen to Your Account with Care and Compassion
We believe in building strong attorney-client relationships based on trust, empathy, and clear communication. From the moment you contact us, we will listen to your account of the tragic event with sensitivity and patience. We recognize that this is a difficult and emotional time, and our legal team will ensure that you feel heard and supported throughout the process.
At Gingras, Thomsen & Wachs, we provide more than just legal representation. Our personal injury lawyers will:
- Offer compassionate guidance on your legal options.
- Explain the wrongful death claims process in Wisconsin in clear, understandable terms.
- Provide emotional reassurance and help you make informed decisions during this challenging time.
- Keep you updated on every development in your case.
We’re not just determined truck accident attorneys—we’re your advocates, allies, and protectors in your pursuit of justice.
Move Fast to Collect and Preserve Evidence
The trucking industry is heavily regulated, and truck accident evidence can disappear quickly if immediate action isn’t taken. Our experienced wrongful death attorneys move fast to collect and preserve crucial evidence before it’s destroyed or altered. We will:
- Issue a spoliation letter to trucking companies, requiring them to preserve critical evidence such as driver logs, electronic data recorders (black box data), and truck maintenance records.
- Seek a court order if the trucking company refuses to comply with evidence preservation.
- Collect various forms of evidence, including:
- Police reports and crash scene photos/videos.
- Truck black box data, which records speed, braking, and other key information before the crash.
- Traffic camera or dashcam footage from the truck or nearby vehicles.
- Witness statements from those who saw the crash occur.
- Toxicology reports to determine if the driver was intoxicated.
- Trucking company records, including maintenance logs, hiring practices, and safety policies.
- Medical records of your loved one’s injuries and treatment.
- Accident reconstruction reports to determine how the crash happened.
By acting swiftly, we prevent the trucking company and insurers from tampering with or erasing evidence that could prove liability.
File a Wrongful Death Claim and Issue a Strong Demand Letter
Wrongful death lawsuits in Wisconsin involve complex legal procedures, and our experienced truck accident attorney will ensure that everything is done correctly. We will:
- Prepare and file your wrongful death claim in compliance with Wisconsin laws.
- Identify all liable parties, including the truck driver, trucking company, vehicle manufacturer, cargo loaders, and other third parties.
- Calculate the full extent of your damages, including medical bills, funeral costs, lost income, and loss of companionship.
- Issue a demand letter to the trucking company’s insurance provider, detailing the negligence that led to your loved one’s death, the devastating impact the accident has had on your family, and the compensation amount you deserve
A well-crafted demand letter sets the stage for serious negotiations and demonstrates that we’re prepared to take your case to court if necessary.
Shield You from the Unfair Tactics of Insurers and the Trucking Company
Insurance companies and trucking corporations will do everything in their power to minimize or deny your claim. Their tactics often include:
- Shifting blame onto your deceased loved one, falsely claiming they were responsible for the accident.
- Pressuring you to accept a lowball settlement, hoping you’ll take less than you deserve.
- Delaying the claims process to frustrate you into giving up.
- Denying liability by arguing the accident was an “unavoidable event.”
- Challenging the cause of death by disputing medical records.
Our attorneys know these tactics inside and out and will aggressively counter them to protect your rights. We will not let the insurance company take advantage of your grief.
Engage in Aggressive Negotiations to Secure the Maximum Settlement
At Gingras, Thomsen & Wachs, we negotiate from a position of strength, backed by irrefutable evidence. Our goal is to achieve the highest possible settlement for your family.
We will:
- Present compelling evidence that proves the truck driver’s and trucking company’s negligence
- Demonstrate the full financial and emotional impact of your loved one’s death
- Refuse to accept any settlement that does not adequately compensate your family for your loss
- Leverage our reputation as skilled trial attorneys to make insurers take your claim seriously
We fight for maximum compensation, and we will not back down under pressure.
Prepare for Trial from Day One to Gain Powerful Negotiating Leverage
While we aggressively pursue a fair settlement, we prepare every case as if it will go to trial. Our trial-ready approach may include:
- Hiring accident reconstruction experts to prove how the crash occurred
- Consulting medical experts to testify about your loved one’s injuries
- Bringing in financial analysts to calculate long-term financial losses
- Conducting mock trials to refine our courtroom strategy
By demonstrating that we’re prepared to take your case to court, we put pressure on the insurance company to settle for the full and fair amount.
Our Battle-Tested Truck Accident Lawyers Are Ready to Represent You
At Gingras, Thomsen & Wachs, we’re fearless trial attorneys who have won multi-million dollar settlements and verdicts for families like yours in wrongful death cases. Reach out to us today, and let us help you hold the negligent parties liable for maximum damages while you focus on healing. To schedule your free consultation, call us at 855-954-1186 or contact us online.
