Warshafsky Rotter Tarnoff Bloch, S.C.

Warshafsky Law Secures Over $4.5 Million for Care of 2-Year-Old Left Without Mother

Wisconsin Personal Injury Attorneys Win Big for Toddler Son of Woman Killed by Drunk Driver

Wrongful Death WIOn a July evening in 1985, Leonida was riding in a taxi on N. Port Washington Road near an exit from the North-South Freeway (Interstate 43.) Suddenly, seemingly out of nowhere, a speeding car coming off the highway plowed into the taxi. While no one can say with certainty what last thoughts went through Leonida’s mind as she lay in the mangled wreckage, all of us with children know full well she was thinking of Christobar, her 2-year old son waiting anxiously for his mother to get home and read him a bedtime story.

Police responded quickly to the scene and questioned the driver of the car that hit the taxi. The driver, a young sailor stationed at Great Lakes Naval Training Center north of Chicago, reeked of alcohol and showed obvious signs of intoxication. The police report indicated he was traveling well above the speed limit before losing control of his vehicle and slamming into the taxi Leonida was riding in. Miraculously, the driver of the taxi suffered only minor injuries. Eyewitness accounts confirmed he had done nothing to cause the accident.

What do you do with a drunken sailor? In this case, the court saw fit to convict him of homicide by intoxicated use of a vehicle. Sentenced to a year in the House of Correction and 500 hours of community service, this drunken sailor got off easy. Too easy, if you ask us. Which is why Warshafsky Law was happy to file a wrongful death lawsuit by Leonida’s parents on behalf of Leonida’s son Christobar.

Warshafsky Law Secures Maximum Compensation for Loss of Loved Ones

Warshafsky's Wisconsin personal injury lawyers pursued compensation from the insurance companies involved. In a settlement, the guardians of Leonida’s son were awarded $145,000 from two insurance companies and a third agreed to purchase an annuity which would yield $4.5 million for the child over the course of his estimated lifespan. This annuity assured Christobar’s current and future needs could be met by his grandparents. In the case of this family, another powerful Society Changing Judgment was formed. As for the $145,000 award, it may not seem like much and it in no way makes up for the loss of a mother, but in today’s dollars it would equate to over $318,000.

Wrongful death cases are among the most tragic cases we encounter. While it is heartbreaking to know there is nothing anyone can do to bring back a loved one, as attorneys we acknowledge the need to get justice for your loss. In most cases involving wrongful death, a lengthy prison sentence is not warranted due to the fact the death was not caused by any outright malice or intent to do harm, but rather by “a wrongful act, neglect or default” (Wisconsin Statutes, Section 895). However, the guilty parties can and should be held financially accountable for your loss, and the law provides for such compensation.

Madison Personal Injury Attorneys on Compensation in Wrongful Death Cases

In the mid-1990s, Wisconsin revised its laws on the amount of money which can be awarded in wrongful death cases. As it stands today (2015), a wrongful death claim can pursue monetary compensation for:

  • Medical costs incurred by the victim/the victim’s family
  • Funeral service and burial costs
  • Wages and income the deceased would have likely earned 
  • Loss of companionship—up to $350,000 for a deceased adult or $500,000 for a deceased minor child

Although Wisconsin law does not allow for punitive damages in a wrongful death lawsuit, the party filing the suit can file what is known as a “survivorship claim” for the pain and suffering endured by the deceased person. There is no limit on the amount which can be awarded in a survivorship claim.

INJURED? It IS About The Money.®

By identifying all those who had a hand in the events leading to the death of your loved one, our Madison wrongful death lawsuit attorneys are often able to pursue more than one party to maximize the financial compensation you receive. Regardless the circumstances involved in the passing of your loved one, we will pursue every possible angle to ensure at least some semblance of justice for your loss.

With Justice Comes Healing

Forgiveness is a fine and noble thing, but it should always be preceded by justice. If you have suffered the loss of a child, a spouse, or a family member due to the negligence or carelessness of others, let us help bring you the justice that leads you to forgiveness and, ultimately, to the healing of your broken heart.

Be advised, however, Wisconsin has a three-year statute of limitations on the filing of wrongful death lawsuits. If you do not take action to file your claim within the three years following the event, any claim will be permanently barred.

Contact the Madison personal injury attorneys of Warshafsky Law today for a confidential, free consultation on filing a wrongful death lawsuit.
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