Wisconsin Wrongful Death Case: $700,000 Settlement When Police Report Blamed the Victim

When a police report places all the blame on your loved one, it can feel like justice is out of reach. But as this Wisconsin wrongful death case demonstrates, the police report is not the final word — and having the right attorney in your corner can make all the difference.

Icy Roads and Snowy Conditions Create Accident Conditions

On a dark February night in 2023, Scott, a dedicated public works employee received an on-call request to help salt icy streets. He got into his pickup truck and headed out to do his job. Along the way, Scott spotted a stranded vehicle sitting in the ditch of State Highway 35 in Pierce County, Wisconsin. In an act of good will, he stopped to pull the vehicle from the ditch, positioning his truck in the oppsing lane of traffic with his hazard lights flashing.

What happened next changed his family’s lives forever. A commercial truck, traveling in its proper lane of traffic at an excessive speed for the dangerous icy and snowy conditions, struck the driver’s side of Scott’s pickup with devastating force as he was getting back it his vehicle. Scott was transported by ambulance to a regional hospital where he was later pronounced dead.

When the Police Report Blames the Victim for the Accident

In their evaluation of the accident, the police report bascially placed the full blame for the crash on Scott for being parked on the highway in the wrong lane of travel. For many families, that would have been the end of any hope for legal recourse. But Attorney Dean Rohde of Bye, Goff & Rohde saw critical inconsistencies in the report — including conduct of the truck driver and a claim that Scott had been ejected from the vehicle, which appeared physically unlikely given the damage photographed at the scene.

After thorough investigation, Attorney Rohde and his team uncovered compelling evidence that the commercial truck driver had been operating at a speed exceeding the legal limit, and in a reckless manner for the icy, snow-covered, downhill stretch of roadway. The investigation pointed to multiple parties bearing legal responsibility for Scott’s death, including the truck driver, his employer, and the vehicle rental company.

A $700,000 Wrongful Death Settlement for Scott’s Family

Despite the challenges of this Wisconsin wrongful death case, Attorney Dean Rohde secured a $700,000 settlement for Scott’s wife. The recovery addressed Scott’s medical expenses, funeral and burial costs, and the profound loss of Scott as a husband, father, and wage earner for his family.

Don’t Assume a Police Report Ends Your Personal Injury Case

Attorney Dean Rohde emphasizes that even when a police report appears to assign full fault of an accident to you or your loved one, you may still have a viable claim. Every Wisconsin wrongful death case deserves a thorough, independent investigation. But don’t wait to speak to an attorney as If your family has suffered a wrongful death in Wisconsin, call Bye, Goff & Rohde for a free case consultation with a lawyer at 715-425-8161.

Who Can File a Wisconsin Wrongful Death Case?

Under Wisconsin law, a wrongful death lawsuit may be filed by the personal representative of the deceased person’s estate — sometimes referred to as the executor — or by certain surviving family members. The law recognizes the following family members as eligible to file, in this order of priority: the deceased’s

spouse or domestic partner
their children or grandchildren
their parents
their grandparents
their siblings.

It’s important to know that when the deceased leaves behind a spouse or domestic partner and one or more children under the age of 18, the court is required to set aside a portion of any damages award specifically for the care of those minor children. The court weighs factors such as the children’s ages and the surviving parent’s capacity to provide for them. However, the amount set aside for the children cannot exceed 50 percent of the total damages award.

How Long Do You Have to File a Wisconsin Wrongful Death Claim?

Time is critical in any Wisconsin wrongful death case. Wisconsin law sets strict deadlines — known as statutes of limitations — for filing a wrongful death claim, and missing those deadlines can permanently bar your family from seeking compensation in court. For most wrongful death cases in Wisconsin, the deadline to file is three years from the date of the person’s death. However, if the death resulted from a motor vehicle accident — as it did in the case above — the deadline is shorter: two years from the date of death.

What Types of Damages Can Be Awarded in a Wisconsin Wrongful Death Case?

In a successful Wisconsin wrongful death case, the court expresses the defendant’s financial responsibility through monetary compensation known as “damages.” Wisconsin law allows surviving family members to seek compensation for a range of losses, including medical expenses related to the injury that caused the death, funeral and burial expenses, lost inheritance, and financial losses such as the wages and income the deceased would have earned had they lived. Families may also seek damages for the loss of society and companionship. Working with an experienced wrongful death attorney who knows how to fully document and present every element of your family’s damages is essential to ensure you receive the full amount to which you are entitled.