Presumption of No Negligence in a Wrongful Death Case
Wisconsin law provides that in cases where a decedent passes away that they were presumed not to be negligent. This presumption is set forth in a civil jury instruction. The law is based on the concept that the decedent is not available to testify and therefore cannot defend him or herself. This presumption can be overcome if other evidence is presented at trial. A fact finder is asked to weigh the presumption along with all of the other evidence. In order to overcome the presumption, evidence must be presented that shows it was more likely that the decedent was negligent.
At Herrick & Hart, we have been working on wrongful death cases since 1951. We have experience in this field of law. The rules surrounding wrongful death cases grow even more complex if the death occured in the workplace.
If a loved one of yours has died due to the fault of another, take the time to seek experienced legal represetation.