How Wrongful Death Claims Work in Wisconsin: A Guide for Grieving Families

Nothing can truly ease the pain of losing someone you love. But when that loss is caused by another’s careless or intentional actions, the law provides a path to justice—and to financial support for those left behind. In Wisconsin, wrongful death claims are complex, emotional, and vital for holding the responsible parties accountable.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when someone dies because of another’s negligence or misconduct. These claims can arise from car accidents, truck accidents, motorcycle crashes, slip and falls, medical malpractice, or even criminal acts.

Who Can File a Wrongful Death Lawsuit in Wisconsin?

Wisconsin law allows the following people to file a wrongful death claim:

• The deceased’s surviving spouse or domestic partner
• Children or grandchildren
• Parents or guardians
• Personal representative of the deceased’s estate

Priority is generally given to spouses, children, and parents. If there are multiple eligible parties, the court may decide how damages are divided.

What Must Be Proven?

To succeed in a wrongful death claim, your attorney must show:

• The defendant had a duty to act reasonably (for example, to drive safely)
• The defendant breached that duty (was negligent or reckless)
• The breach caused your loved one’s death
• You and other family members suffered damages

What Damages Can Be Recovered?

Wisconsin allows for two types of damages:

1. Economic Damages
   • Funeral and burial costs
   • Medical expenses
   • Loss of the deceased’s income and benefits
2. Non-Economic Damages
   • Loss of companionship, love, and support
   • Emotional distress and suffering
   • Loss of guidance for children

There are statutory caps on certain non-economic damages, but a knowledgeable attorney will ensure you receive the maximum allowed.

The Legal Process

1. Investigation: Your lawyer will gather police reports, medical records, witness statements, and expert opinions.
2. Filing the Lawsuit: The claim must be filed within the statute of limitations, usually three years from the date of death.
3. Negotiation: Most cases settle out of court, but your attorney will be ready to go to trial if necessary.
4. Distribution of Damages: The court may supervise how damages are divided among eligible family members.

Why You Need a Compassionate Attorney

Wrongful death cases are emotionally charged and legally complex. Insurance companies may offer quick settlements, but these are rarely in your family’s best interest. At Trial Lawyers of Wisconsin, we handle every detail—allowing you to focus on healing while we seek accountability.

Supporting Your Family Every Step of the Way

• Guidance: We explain your rights and the process in plain language.
• Investigation: We uncover all responsible parties and sources of compensation.
• Representation: We handle negotiations and, if needed, take your case to court.
• Compassion: We treat your family with care, respect, and understanding.

Justice for Your Loved One

A wrongful death claim isn’t just about money—it’s about answers, closure, and protecting other families from the same fate. Contact Trial Lawyers of Wisconsin for a confidential, no-obligation consultation. We’re here to help you find justice and move forward.