Wrongful Death Lawyers

There is nothing more difficult than losing a loved one, especially when your loved one’s death could have and should have been prevented. If you have suffered the tragic loss of a family member as a result of another person or party’s negligence, we at Dunk Law Firm want to help.

First and foremost, we offer our most sincere condolences to you and your family. We know that no amount of financial recovery can “compensate” you for your loss. However, if your loved one died because someone else was careless, reckless, or negligent, you have the right to take legal action. You are likely facing significant emotional and financial challenges as a result of your loss; a successful case can allow you to hold the negligent party accountable, achieve justice, and secure the compensation you need for unexpected expenses, such as funeral costs and loss of financial support.

Our wrongful death attorneys are ready to provide you with the guidance and support you need during this incredibly difficult and painful time. We are committed to securing justice for you and your family. Dunk Law Firm serves clients in Wisconsin, Texas, and throughout the United States. We offer legal services in English and Spanish and provide all our legal services on a contingency fee basis. This means that if we do not win your case, you do not pay.

By law, a death is considered “wrongful” when it results from another person or party’s negligent or wrongful (i.e. unlawful) conduct. Essentially, if the deceased would have had grounds to bring a personal injury lawsuit had they lived, the death is generally considered wrongful.

When a wrongful death occurs, certain surviving individuals are entitled to file a wrongful death claim and seek compensation for certain damages. Different states have different laws regarding who may file this claim; in some states, surviving family members—such as a spouse, child, or parent—can bring the wrongful death action, but in other states, only the personal representative of the deceased’s estate can file a claim. Our wrongful death lawyers can help you determine if you are eligible to file a claim based on where you live/where the death occurred.

Damages in wrongful death claims also vary, depending on the state. However, they often include:

• Medical bills associated with the deceased’s final treatment prior to death
• Funeral and/or burial costs
• Pain and suffering experienced by the deceased prior to death
• Emotional distress experienced by the surviving family members/loved ones
• Loss of financial support provided by the deceased
• Loss of expected inheritance
• The value of household/childcare services provided by the deceased
• Loss of love, companionship, guidance, support, and society
• Loss of consortium

In some cases, it may also be possible to pursue punitive damages. Punitive damages are meant to punish the at-fault party for egregious negligence and may be available in cases involving drunk drivers, assault, and other severely negligent or unlawful acts.

Proving a wrongful death case can be complicated. Just like in personal injury cases, the burden of proof falls on the plaintiff (the person/party bringing the claim). However, in contrast to criminal cases in which the prosecution must prove the defendant’s guilt beyond a reasonable doubt, the plaintiff in a wrongful death case only needs to show that the defendant is liable by a preponderance of the evidence. In other words, the plaintiff must show that the defendant is _most likely_ liable based on the available evidence.

In order to prove a wrongful death case, you/your attorney will need to prove all of the following elements:

• A death occurred
• The death was caused by someone who owed the deceased a duty of care
• The defendant failed to uphold the duty of care (e.g. was negligent)
• The death resulted from the failure to uphold the duty of care
• There exists one or more persons who experienced damages as a result of the death

A wrongful death attorney from our firm can conduct a thorough investigation into your claim in order to determine what happened and who was at fault for your loved one’s tragic and untimely death. From there, we can build a solid case on your behalf and fight to hold the negligent person or party accountable.