Justice After a Fatal Motorcycle Crash in Wisconsin
Nothing About This Is Okay—But You Don’t Have to Carry It Alone
If you’ve lost someone in a motorcycle crash, you already know how fast everything can change. One minute, they’re out riding. The next, you’re getting the kind of phone call that changes your life forever.
Now, you’re trying to hold it together—dealing with the heartbreak, the shock, and everything else that comes with it. The funeral arrangements. The unanswered questions. The medical bills. The insurance paperwork. The pressure to make decisions you didn’t ask for.
There’s no roadmap for this. But you don’t have to do it alone.
At McCarthy Motorcycle Law, we work with families across Wisconsin who have lost someone in a motorcycle crash. We don’t show up with empty platitudes or legal jargon. We show up to listen, to tell you the truth, and to help you understand what options exist—so you can make the decision that’s right for you and your family.
When a Motorcycle Crash Becomes a Wrongful Death Case
Not every fatal crash is a wrongful death. But many are.
Under Wisconsin law, a wrongful death claim can be brought when someone dies because of someone else’s negligence, recklessness, or intentional misconduct.
In motorcycle cases, that might look like:
Wrongful death claims exist not to assign blame for the sake of blame—but to make sure there’s accountability. To say, “This life mattered. And what happened wasn’t just tragic—it was wrong.”
Who Can File a Wrongful Death Lawsuit in Wisconsin?
In Wisconsin, the law outlines who is allowed to bring a wrongful death claim. Typically, that includes:
A surviving spouse or registered domestic partner
Children of the deceased (including adult children)
Parents, if the deceased had no spouse or children
Other legal heirs, in some cases
A representative of the estate
We can help you sort through what your role would be in a potential case. Even if there’s some uncertainty in the family or questions about who has standing to file, we’ve helped families navigate that respectfully and with care.
What Can a Wrongful Death Case Actually Do?
Look, no legal claim is ever going to make this right. It’s not about putting a value on your loved one’s life. That’s not possible.
What a wrongful death case can do is:
Create accountability for the people or companies that caused the crash
Provide answers that the police report or insurance companies won’t
Help your family avoid financial devastation from medical bills, funeral costs, or lost income
Give you some measure of justice—especially when the criminal system does nothing
Damages in a wrongful death claim may include:
Funeral and burial costs
Emergency medical expenses
The loss of your loved one’s future earnings
The loss of their guidance, care, and companionship
Emotional pain and suffering
In rare cases, punitive damages
Every case is different. We’ve represented spouses who lost the love of their life, kids who lost their father, and parents who buried their child. There’s no single way to process this kind of grief—and no single number that replaces what was taken. But the law gives you a way to respond. And sometimes, that response is the first step toward healing.
The Truth About Bias in Motorcycle Fatality Cases
If you’ve already tried to talk to the insurance company—or read through the crash report—you may have seen it. The way people talk about the crash. The assumptions they make.
“He must’ve been speeding.”
“He probably wasn’t wearing a helmet.”
“Motorcycles are just dangerous.”
This is the bias that too many riders and their families face. It’s not rooted in facts. It’s rooted in stereotypes. And we don’t let it slide.
At McCarthy Motorcycle Law, we’ve built a practice around riders and their families. We’ve handled cases all across Wisconsin—rural and urban, day and night, experienced riders and weekend cruisers. We know the mechanics of motorcycle crashes. We know how to counter false narratives. And we know how to work with reconstruction experts and investigators who will get to the truth.
You Don’t Have to Want a Lawsuit to Want Accountability
Some families come to us saying, “We’re not litigious,” or “We’re not the kind of people who sue.” We hear that all the time.
And we’re not here to change your values. But what we will say is this:
Filing a wrongful death claim isn’t about revenge. It’s about truth.
These cases force the other side to face what they did.
They also make it harder for them to do it to someone else.
And they give your family the financial breathing room you may desperately need.
In many cases, it’s the only way to get real answers. To see the data. To hear from witnesses. To uncover whether a part was defective, or a driver had a record, or a road hazard was ignored.
We’re not going to push you to sue anyone. But we are going to give you the tools to decide for yourself—because we believe you deserve that choice.
How Long Do You Have to File a Claim?
There are time limits on filing wrongful death cases in Wisconsin. That’s not something most people think about in the aftermath of a loss, but it’s important.
In most cases, you have three years from the date of death.
If a government agency (like a city or county) is involved—say, because of a dangerous road—you may only have 120 days to file a notice of claim.
It’s not about rushing. But it is about being aware of the clock. If you need time to breathe and focus on your family, we get it. We can help preserve the evidence and make sure nothing gets missed, so you have the option to act later if you want to.
What If You’re Not in Wisconsin?
Many people who ride through Wisconsin come from out of state. Maybe your loved one was on a weekend ride, headed to Door County, down in the Driftless, or en route to Sturgis. If the crash happened in Wisconsin, you can still file a case here—even if you live in Minnesota, Illinois, Michigan, or anywhere else.
We’ll handle everything locally. We’ll keep you updated. And we’ll make it as straightforward as possible, so you don’t have to travel or jump through unnecessary hoops.
What Happens If You Reach Out
Here’s what working with us looks like:
You get a real conversation with an award-winning lawyer who knows how to ride—not a bot or an intake center
We talk about what happened, what your options are, and whether a claim makes sense
If we move forward, you don’t pay us anything upfront—we only get paid if we win
We handle the legal heavy lifting so you can focus on your family
We keep you updated and involved—but never overwhelmed
We don’t chase settlements just to check the box. We don’t take every case. But when we do take a case, we do it because we believe in it—and because we want to see it through the right way.
Your Loved One Deserved Better—This Is One Way to Speak Up
You didn’t ask for this. You didn’t sign up for legal fights or strategy calls. You just want your loved one back. And since that can’t happen, you at least want someone to take responsibility for what happened.
That’s what a wrongful death case can offer: a way to speak up when everything else feels out of your control.
We can’t fix what’s been broken. But we can help you demand the truth. We can help you stand up to the people who’d rather move on and pretend this didn’t happen. And we can help make sure your loved one’s story doesn’t get ignored.
When You’re Ready, We’re Here
This isn’t a decision anyone makes lightly. And you don’t have to decide anything today.
But if you want to understand your rights, talk through what a case might look like, or just make sure you’re not running out of time—we’re here.
Fill out our fast, free, confidential case evaluation form. We’ll listen. We’ll be honest. And we’ll do everything we can to help.