Can the Victim’s Family Sue for Vehicular Homicide in Wisconsin?

In Wisconsin, the crime commonly known as vehicular homicide is referred to as “homicide by negligent operation of a motor vehicle.” After a vehicular homicide, the victim’s family may undergo a great deal of emotional trauma and financial distress.

Fortunately, the victim’s family can sue for vehicular homicide in Wisconsin. There are multiple categories of damages that can be recovered in wrongful death claims and survival claims. Our attorneys can help potential plaintiffs build their cases and negotiate for fair compensation.

If your family member was the victim of a vehicular homicide in Wisconsin, get help obtaining the payment available to you. Get in touch with our experienced wrongful death lawyers by calling Wruck Paupore at (219) 322-1166. Our attorneys can provide a free review of your case.

Suing for Vehicular Homicide in Wisconsin

Under Wis. Stats. § 940.10, a driver who commits a vehicular homicide in Wisconsin may be charged with “homicide by negligent operation of a vehicle.” There are several different forms of negligent behavior that can lead to fatal accidents. For example, motorists may cause deadly crashes by driving drunk, driving distracted, or by travelling at excessive speeds. A driver who commits a homicide by negligent operation of a vehicle may be guilty of a Class G felony. A conviction can carry up to 10 years in prison and a maximum fine of $25,000.

In addition to facing criminal penalties, drivers who commit vehicular homicides may face civil consequences through wrongful death claims and survival claims. A wrongful death claim seeks to compensate a victim’s family for the death of their loved one. Meanwhile, survival claims are separate actions that may provide compensation for damages your loved one suffered in between the time of their accident and their death. Our attorneys can offer guidance and support to plaintiffs in both types of cases.

Wrongful Death Claims

After a vehicular homicide, the victim’s family may pursue compensation by filing a wrongful death claim against the at-fault motorist. There are several categories of monetary damages that may be recovered in such a claim. During your free case review, our West Lafayette wrongful death lawyers can help determine which of the following damages may be sought:

• Emotional suffering
• Lost financial support
• Lost inheritance
• Loss of society and companionship
• Funeral and burial costs

In order to recover the aforementioned damages, you must gather evidence that proves they were suffered because of your loved one’s death. Our attorneys can help gather and preserve the evidence needed to recover the full range of compensation available in your case.

Multiple family members can recover compensation through a wrongful death claim. However, cases must be brought to court by the right parties. In Wisconsin, the surviving family members who may file a wrongful death claim are, in order:

• The victim’s spouse or partner
• The victim’s children or grandchildren
• The victim’s parents
• The victim’s grandparents
• The victim’s siblings

If your family member was killed because of a vehicular homicide, you should contact our team as soon as possible. Our South Bend wrongful death lawyers can help find the right person to file your claim.

Survival Claims

Additionally, a victim’s family can seek compensation for vehicular homicide by filing a survival claim. This type of claim must be filed by the victim’s estate and does not offer monetary damages for the death itself. Instead, a survival claim seeks to compensate a victim’s family for the damages the victim could have recovered if they had survived. The following damages may be awarded in a survival claim:

• Medical bills suffered between the time of the accident and the death
• Lost wages suffered between the time of the accident and the death
• Physical pain and emotional anguish suffered between the time of the accident and the death

These damages can offer crucial support to families during periods of immense hardship. However, defendants may employ various strategies to avoid paying for the harm they caused. Our Wisconsin wrongful death lawyers can help plaintiffs in survival claims fight for compensation.

How Long Does a Victim’s Family Have to Sue for Vehicular Homicide in Wisconsin?

Time limits to file certain types of lawsuits are set forth by states statutes of limitations. According to Wis. Stats. § 893.54(2m), a victim’s family will usually have two years from the date of their loved one’s accident to file a wrongful death accident and a survival claim. Failure to comply with this deadline could cause you to miss out on important monetary damages. Therefore, you should contact our Wisconsin personal injury lawyers as soon as possible after a fatal crash. Our team of experienced attorneys can help file your case on time.

Furthermore, plaintiffs in wrongful death cases and survival actions must gather evidence to support their claims. However, as time goes on, certain evidence can become harder to preserve and collect. For example, crucial details surrounding a crash can be forgotten and important physical evidence can deteriorate. The sooner you get in touch with our attorneys, the more easily we may gather the information needed to recover payment in your case.

Common Causes of Vehicular Homicides You Can Sue for in Wisconsin

There are many different types of negligent behavior that can lead to fatal car crashes. The source of an accident may influence a family’s path to compensation. Our experienced Wisconsin wrongful death lawyers can help determine whether a crash stems from one of the following sources:

• Speeding
• Distracted driving
• Drunk driving
• Illegal lane changes
• Improper left turns
• Tailgating
• Running red lights
• Reckless driving

Still, there are many other potential causes of vehicular homicides you can sue for. If your loved one suffered a fatal crash, our attorneys can investigate the accident and evaluate the strength of your claim.

If You Loved One Suffered a Vehicular Homicide in Wisconsin, Our Attorneys Can Help

If your family member was the victim of vehicular homicide, seek support from our experienced Indiana wrongful death lawyers by calling Wruck Paupore at (219) 322-1166 to review your case for free.