How does comparative negligence affect a wrongful death case?

In Wisconsin, jurors are asked to compare the negligence of one party against the other. See Wis. Stat. § 895.045. This is called comparative negligence. 

In a wrongful death case, the insurance company of the person you are seeking damages from will likely attempt to prove the deceased person was partially or mostly responsible for the death.

  • If the deceased is determined to have no responsibility for the incident, you will receive the full amount of compensation dictated by the court for damages.

  • If the deceased is determined to be less than 50% negligent, the amount of compensation you receive in damages will be reduced by the percentage of which they are found negligent.

  • If the deceased is determined to be 50% negligent, the compensation you receive in damages will be reduced by 50%.

  • If the deceased is determined to be more than 50% negligent, you will receive no compensation for damages.

This is why it is crucial to have experienced and knowledgeable attorneys assist you in pursuing your wrongful death claim. 

Wrongful Death cases Warshafsky Law has won

Car Accidents Car Accidents
Cycling Accidents Cycling Accidents
Airplane Accidents Airplane Accidents
Boating Accidents Boating Accidents
Motorcycle Accidents Motorcycle Accidents
Train Accidents Train Accidents
Fires Fires
Mesothelioma (asbestos) Mesothelioma (asbestos)
Poisoning Poisoning
Premise Liability Premise Liability

Milwaukee’s trusted fatal accident attorneys at Warshafsky Law have an in-depth understanding of wrongful death claims and how to secure maximum compensation.

Who can file a wrongful death claim?

Wisconsin State Statutes state action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. Generally speaking, a wrongful death claim can be made by:

  • Children or other dependents of the deceased
  • A spouse or registered domestic partner of the deceased
  • Parents of the deceased
  • Grandparents of the deceased
  • Siblings of the deceased

It is important to make sure the proper person is bringing the claim and has been appointed through the court system to have that power. These are not simple cases for you to pursue on your own. They are complex and require the time, energy and experience of a respected law firm. If your loved one has been the victim of a wrongful death, the aggressive advocates at Warshafsky Law are the wrongful death attorneys Milwaukee trusts.

No win. No fee. Free Case Assessment.

What damages can be compensated for a wrongful death claim in Milwaukee?

Nobody could ever put a price tag on the life of your loved one, but the remedy in our legal system is financial compensation. For your loved one, compensation may include medical bills, lost future earnings, funeral costs and their pain and suffering prior to death. For the descendants of your loved one, there is likely a claim for the loss, which in Wisconsin is called loss of society and companionship. Our Warshafsky attorneys can assist you in determining which damages apply to your particular situation. The person responsible for the loss of your loved one should be held responsible for the financial and emotional cost of their death.

Monetary Damages

  • Loss of future income
  • Funeral & burial costs
  • Medical expenses
  • Loss of inheritance

Non-monetary Damages

  • Loss of companionship
  • Shock & emotional turmoil
  • Pain experienced by the deceased

Wisconsin State Statutes are specific on the level of compensation you are entitled to following a wrongful death. You are entitled to compensation for any monetary damages incurred due to wrongful death, and the amount of monetary damage you can claim is not capped. Wis. Stat. § 895.04(4) and (5). Non-monetary damages, such as loss of companionship or pain and suffering, can be compensated up to $350,000 for a deceased adult or $500,000 for a deceased minor. Wis. Stat. § 895.04(4). Punitive damages in Wisconsin can be paid up to $200,000. Wis. Stat. § 895.043.

Contact Warshafsky Law today to learn more and start the process of filing your Milwaukee wrongful death lawsuit.

Wisconsin’s Wrongful Death Claim Statute of Limitations

Wisconsin’s statute of limitations for filing a wrongful death claim is different depending on the cause of your loved one’s death.

  • There is a 2-year statute of limitations for deaths caused by a motor vehicle accident. Wis. Stat. § 893.54(2m). 
  • There is a 3-year statute of limitations for deaths caused by negligence or other wrongful acts not involving a motor vehicle including assault, medical malpractice or workplace accidents. Wis. Stat. § 893.54(1m)(b).

Contact the Milwaukee wrongful death attorneys at Warshafsky Law as soon as possible after the death has occurred. Waiting too long to seek legal counsel can result in a significant loss of evidence and possibly a lower settlement amount.

Criminal vs. Civil Court Lawsuits

The criminal justice system and civil court operate independently. If someone’s negligent or criminal act results in the wrongful death of your loved one, they may face criminal charges. Criminal charges must be proved beyond a reasonable doubt. There is the option for restitution through the criminal case. It is important to discuss restitution with your wrongful death attorney. 

A civil lawsuit may be based on the same facts as a criminal lawsuit, but the standard of proof is "more likely than not." A civil lawsuit can more often be successful when a criminal lawsuit is not because there is a lower burden of proof. For example, OJ Simpson was found not guilty for the deaths of Nicole Simpson and Ronald Goldman in his criminal trial, but found liable for their deaths in his civil trial. 

The experienced attorneys at our Milwaukee wrongful death law firm help families navigate the complex civil litigation process after a tragic loss. Trust us to stand by your side as we aggressively pursue fair damages.

We provide legal guidance tailored to your unique situation, and you won’t pay a penny until you receive compensation. Contact Warshafsky Law’s compassionate and successful wrongful death attorneys for a free consultation.

No win. No fee. Free Case Assessment.

Milwaukee Personal Injury Lawsuits Frequently Asked Questions

Who can I sue for wrongful death?

You can file a wrongful death claim against any individual or organization who caused someone's death through negligence. There may be some limitations if the death occurred while your loved one was working; however, this is dependent on the particular facts of your circumstance. Common defendants in wrongful death cases include drivers at fault in a fatal motor vehicle accidents, doctors/hospitals, nursing homes, airlines, and childcare workers/businesses. It's best to speak with a wrongful death attorney to make sure you have a valid case.

How long do I have to file a wrongful death claim?

According to Wisconsin Statue §893.54, you have 3 years to sue for a wrongful death. If the cause of death was an accident involving a motor vehicle, you only have 2 years to file a wrongful death claim. These are called statutes of limitation. If you fail to file a lawsuit or resolve a claim after those deadlines, you will not be able to recover damages.

How much can I sue someone for wrongful death?

In Wisconsin, there is no limit on special damages in wrongful death cases. Representatives of the deceased can make a Wisconsin wrongful death statutory claim to seek damages for certain types of economic losses, such as medical expenses, lost financial contributions/inheritance, lost future earnings and funeral expenses. Wisconsin has a cap on damages for the loss of the society and companionship of a loved one: $500,000 for a deceased minor, $350,000 for a deceased adult.

What is the average wrongful death settlement in Wisconsin?

There is no set amount, as each claim and lawsuit varies substantially depending on its facts. Based on the loss of society and companionship, in Wisconsin it's common for wrongful death settlements to reach hundreds of thousands of dollars. Always consult your attorney for an assessment of your claim.

How are wrongful death settlements paid?

They are typically paid through the insurance company of the wrongful actor. For a deceased person who leaves behind a minor child, we work with annuity plans to invest the funds for the children's future and ensure they are compensated for their loss as they grow older.