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How to File a Wrongful Death Claim after a Fatal Car Crash

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When your loved one leaves in the car for a quick errand, a commute, or a vacation, you expect them to come back safe and sound. Unfortunately, you might instead be grieving their loss. Worse, it wasn’t just an accident—someone else caused the fatal wreck they were involved in, and that person should be held responsible for their actions.

That leaves you wondering how to file a wrongful death claim after a fatal auto crash. Fortunately, you’ll have a chance to act and get the compensation your family needs to recover. When you’ve lost a loved one to someone else’s negligence, it’s important to know how to file your wrongful death claim soon.  

Make Sure You’re Eligible to File

First, you’ll need to ensure you’re the family member responsible for filing the wrongful death claim. Because the injured party is unable to file their injury claim, lawmakers narrow down the number of people able to file. This limitation can prevent confusion, but it can also be a worry for those unsure of whether they can file.

In Wisconsin, you’ll need to be one of the following parties in order to file a wrongful death claim for the deceased:

  • The personal representative of the estate
  • Their surviving spouse or domestic partner
  • A child of the deceased
  • Their parent or guardian

Keep in mind, though, that some of the compensation may be set aside for other family members. So, if you’re not their spouse, domestic partner, or child under eighteen, you may be sharing your compensation with these parties.

Know Your Claim’s Worth

Once you’re certain that you’re eligible for compensation, you’ll then need to find the worth of your damages. That includes both your economic, or financial, damages, and your non-economic damages. Unfortunately, that can be tough to calculate without help.

For example, you’ll need to seek out compensation for the financial losses you’ve suffered after their accident. That includes the costs of the car repairs or replacement, their funeral expenses, and any medical expenses that accrued because of the accident. These damages can be overwhelming in number, but make sure you include all damages you suffered.

You may also receive some compensation for your non-economic damages, but these will be limited to $350,000 for the wrongful death of an adult and $500,000 for a child. These damages are intended to cover the intangible losses you’ve suffered, such as the loss of society and companionship you’ve experienced because of your family member’s passing.  

Contact a Wisconsin Lawyer about Your Fatal Crash Claim

When you’ve suffered the loss of a loved one because of a fatal auto wreck, it can be tough to move forward. You’re already dealing with your grief, and it can be tough to move through that while also filing a lawsuit within the legal time limits. Fortunately, a lawyer from The Law Offices of Gary S. Greenberg can help.

When you’re not sure how to file a wrongful death claim after a fatal car crash, a lawyer can step in and answer your questions. They’ll make sure you take certain steps to protect your claim, as well as seeking out the full compensation you deserve.

If you’re struggling with your wrongful death claim, contact our lawyers for a free consultation. To begin, give us a call at 414-271-7007 or fill out the following online form.