Losing a loved one is gut-wrenching, especially if they leave you unexpectedly due to someone else’s actions or negligence. In Wisconsin, like other states, you may file a wrongful death case in such situations. While this legal recourse doesn’t bring your loved one back, it helps you hold the negligent parties accountable and seek compensation.
While this provides a great relief, what happens when the other side fights back? The defendants will most likely use various defenses to try and avoid being held responsible. Knowing what they might do to dispute your claim can help strengthen your argument.
Let’s break down some common defenses in wrongful death cases and how they work.
H2: Lack of Duty of Care
One of the primary defenses in a wrongful death case is arguing that the defendant did not owe a duty of care to the deceased. In legal terms, “duty of care” refers to the responsibility one person has to avoid causing harm to another.
For example, an Uber driver must follow traffic laws and drive safely to prevent accidents. Likewise, a doctor has a duty to take care of their patients.
However, if the defendant can prove they were not obligated to act in a way that protected the deceased, you may not be able to hold them liable. Consulting a skilled wrongful death lawyer can help you understand how duty of care is established and refuted in such cases.
H2: Breach of Duty Was Not the Cause
In some wrongful death cases, defendants use this tactic to prove they were not responsible for the death of your loved one. Even if the defendant owed a duty of care, they might argue that their actions did not directly cause the death.
For example, if your loved one had a pre-existing condition that contributed to their death, the defense may argue that their actions were not the primary cause of harm. However, a seasoned wrongful death attorney can help you establish a clear link between the defendant’s negligence and the fatal outcome.
H2: Contributory or Comparative Negligence
Many states, including Wisconsin, follow a contributory or comparative negligence rule. If your deceased loved one is found to be partially at fault, the court may reduce awarded damages proportionally.
For instance, if they died in a car crash and were 25% at fault, the judge might reduce your compensation by that percentage. If you asked for $100,000 in compensation, you would receive only $75,000 according to the comparative negligence rule.
Once again, working with a Wisconsin wrongful death attorney can help you reduce your liability and get the maximum possible compensation for your loved one’s demise.
H2: Assumption of Risk
The defendant may argue that the deceased voluntarily engaged in an activity that carried inherent risks and thus assumed responsibility for any resulting harm. For example, if your loved one participated in an extreme sport like skydiving without proper safety measures, the defense might use the assumption of risk argument.
This defense can be complex, as it requires proving that the deceased was fully aware of the risks involved. However, wrongful death lawyers know how to challenge these claims and highlight areas where the defendant failed to alleviate risks.
H2: Statute of Limitations
Every state has a statute of limitations for filing a wrongful death case, and Wisconsin is no exception. Generally, you must file a claim within three years from the date of your loved one’s death.
If you fail to file the claim within this timeframe, the defendant can use this as a defense to dismiss the case. Talk to a seasoned wrongful death lawyer as soon as possible to get the ball rolling. They can help you file a watertight claim within the legal deadline.
H2: Pre-Existing Conditions
Defendants may argue that a pre-existing medical condition was the actual cause of death, not their actions or negligence. This defense is often used to reduce or eliminate liability by shifting the focus to factors beyond the defendant’s control.
However, even if a pre-existing condition exists, the plaintiff can argue that the defendant’s actions aggravated the condition, leading to the death. A qualified wrongful death attorney will use medical records and expert testimony to counter this defense.
H2: Immunity Claims
Some institutions, like government agencies or charitable organizations, may claim immunity from wrongful death lawsuits under specific circumstances. In Wisconsin, governmental immunity protects public organizations from being sued in some cases unless specific exceptions apply.
If this defense arises, having a knowledgeable wrongful death lawyer by your side can help you determine if immunity laws apply in your case. If not, the attorney can identify potential exemptions that allow your case to proceed.
H2: Why You Need a Wrongful Death Attorney
Handling a wrongful death case is emotionally and legally challenging. Worse still, the opposition might use one or more of these defenses and complicate the process. But having a wrongful death attorney represent you can make a lot of difference.
For one, they understand these defenses and know how to counteract them. They can gather evidence, interview witnesses, and build a strong case, increasing your chances of success.
Secondly, having a trusted legal counsel allows you to focus on healing while they handle the legal aspects of your case. This might make the process a lot less painful for your grieving family.
H2: Final Thoughts
In Wisconsin, you can file a wrongful death lawsuit if you suspect your loved one died due to someone’s negligence. However, you’ve to be prepared as the defendants can use different tactics to reduce or even eliminate their responsibility. Partnering with a wrongful death lawyer can help you counter these defenses effectively and build a compelling case. So, speak with an attorney as soon as possible.
