Legal Question in Personal Injury in Wisconsin

Re: Wrongful death suit

If the defendant did not act as a reasonable person would have acted, that is the definition of negligence. If someone is not "reasonably careful" they are negligent. Even if the driver was not ticketed, they still could be liable. I would be happy to discuss this case with you if you do not have a lawyer. The website: www.wrongfuldeathattorney.org has more information.

J D Haas

Re: Wrongful death suit

There are many facts that may figure in as to a determination whether there was negligence on the driver who caused the accident with your father. The driver having not recieved a ticket is really not important in determining negligence or fault on the vehicle driver. Quite often an accident reconstruction expert is hired to obtain measurements and reconstruct an accident. I have done this numerous times over my 25 years of handling these types of claims. There are legal issues relating to the driver's lookout and the management and control of the vehicle that may help to establish his negligence. I would recommend that you consult with an experienced attorney who is skilled in handling wrongful death and negligence cases. Please be aware that there is a three year statute of limiations in Wisconsin that requires that a case be settled or a lawsuit be filed within three years from the date of the accident. If you have questions, feel free to contact us.

Re: Wrongful death suit

It is necessary to prove the driver was negligent. To prove negligence we'd need to prove that the driver didn't act as a reasonable person would in the same situation. That the driver didn't recieve a ticket doesn't matter. Success in a wrongful death suit will depend on the circumstances of the accident. Please feel free to contact my firm if you'd like to discuss the matter further.