Wisconsin wrongful death lawsuits Filing on behalf of your family & loved ones

Who can file a wrongful death lawsuit in Wisconsin?

Generally, wrongful death lawsuits are filed by an immediate family member of the deceased. Wrongful death lawsuits also allow the spouse and/or children of the deceased to sue for loss of companionship and for the loss of financial support provided by the deceased.

Wrongful death claims can only be filed by designated beneficiaries as defined by the statues. In Wisconsin, this includes:

The surviving spouse or domestic partner
Child(ren) of the deceased
Parent of the deceased
Guardian of the deceased
Personal representative of the deceased person’s estate

Milwaukee Personal Injury Law Firm Answers Commonly Asked Questions

The loss of a close family member is always difficult. When brought about by the negligence or reckless conduct of someone else, the loss is particularly tragic. Understandably, spouses and children of those who die under such circumstances want justice. Although Warshafsky Law does not handle criminal law cases, our Wisconsin wrongful death attorneys help many families secure the financial restitution they rightfully deserve.

In the old days, if someone was killed due to an injury caused by another person the responsible party could be sentenced to a prison term, but faced no financial consequence for their actions. As a result, spouses and children were often left to fend for themselves financially. Thankfully, every state now has laws allowing a representative of the deceased (or the deceased’s estate) to seek financial restitution.

In situations where the child is a minor and there is no other parent in the picture, the suit is filed by a representative of the deceased or of the deceased’s estate. Usually, this is the deceased person’s attorney or an attorney appointed by the probate court to dispense the assets of the deceased. Although this personal representative files the suit in his/her own name, any assets/money recovered is held in trust pending disbursement to the deceased’s beneficiaries.

In cases where the deceased had a spouse, domestic partner and/or any children under 18, the court is obligated to consider the age and earning abilities of the dependents and reserve a portion of any damages awarded for their care. This amount is limited to no more than half of the total damages awarded.

What Damages Can You Sue for In a Wrongful Death Suit?

In Wisconsin, the monetary compensation you can seek in a wrongful death claim include:

Medical expenses related to the negligent act that caused the death
Funeral and burial expenses
Wages and income the deceased would have earned
Loss of society and companionship, which is capped at $350,000 for an adult and $500,000 for a minor child

Are punitive damages awarded in a wrongful death claim?

Wisconsin law does not allow for punitive damages to be awarded in a wrongful death suit. However, a “survivorship claim” can be filed to seek compensation for the pain and suffering a deceased person experienced from the moment of injury until death. There is no limit on the award of damages.

Is there a statute of limitations on filing a wrongful death claim?

Wisconsin law allows an individual to have a wrongful death lawyer file a claim within three years of the death. If no claim is filed within this time frame, you are permanently barred from filing suit.

If you are considering filing a wrongful death suit, we strongly urge you to consult an attorney—particularly if the death of your loved one occurred several weeks or more after an injury. In cases such as this, the timeline for the statute of limitations may be interpreted as starting on the date of the accident.

Request a free initial consultation with one of our personal injury attorneys

Warshafsky Law offers a no-cost, no-obligation initial legal consultation for anyone looking into filing a wrongful death claim. You’ll meet with one of our experienced personal injury attorneys, not a paralegal, who will give you an honest assessment of the strength of your case.

Should you decide to retain Warshafsky Law, you will not owe us anything until your case has been resolved and you have been compensated. Our No-Win, No-Fee policy ensures that if you are not awarded any damages, you don’t owe us a thing.