Learn who can file a wrongful death claim in Wisconsin and how Trial Lawyers of Wisconsin helps families recover justice and compensation after a tragic loss.
Losing a loved one is one of life’s most painful experiences — especially when the loss was preventable. When someone dies because of another person’s negligence, recklessness, or intentional act, Wisconsin law allows surviving family members to seek justice through a wrongful death claim.
These cases are not just about money — they’re about accountability, closure, and honoring the person who was taken too soon. At Trial Lawyers of Wisconsin, we’ve stood with grieving families for more than three decades, helping them navigate the legal system with compassion, skill, and determination.
If you’ve lost someone you love in a car crash, workplace incident, medical mistake, or any other act of negligence, understanding who can file a wrongful death claim and what’s required is an important first step toward justice.
A wrongful death claim is a civil lawsuit that seeks compensation for losses suffered by the surviving family when someone’s death is caused by another’s careless or intentional actions.
Common causes of wrongful death in Wisconsin include:
In these cases, the purpose of the claim is twofold: to hold the responsible party accountable and to provide financial support to the family left behind.
Under Wisconsin Statutes §895.04, the right to file a wrongful death claim belongs to specific family members, depending on the circumstances of the case:
If more than one person qualifies, the court may decide how the damages are distributed among family members.
At Trial Lawyers of Wisconsin, we ensure that every eligible family member’s rights are represented and protected throughout the process.
When a wrongful death claim is filed through the deceased’s estate, the personal representative (executor) takes legal responsibility for bringing the case. This person may be named in a will or appointed by the court.
Their duties include:
Our attorneys assist personal representatives in fulfilling these responsibilities while reducing the stress and burden on grieving families.
In Wisconsin, the compensation recovered in a wrongful death case may be shared among certain surviving relatives, typically in the following order:
Courts use these guidelines to ensure fair distribution and avoid disputes among family members.
Wrongful death compensation can include both economic and non-economic damages, reflecting the full impact of the loss. Families may recover for:
In some cases involving extreme negligence or misconduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.
It’s important to understand the distinction between two related claims:
In many cases, both types of claims are filed together to ensure full compensation for all losses connected to the death.
Winning a wrongful death case requires proving that the defendant’s actions directly caused the death. Our attorneys gather powerful evidence such as:
We also handle communications with insurance companies, employers, and opposing counsel — allowing families to focus on healing while we handle the legal fight.
Wisconsin’s statute of limitations for wrongful death cases is generally three years from the date of death.
However, this period may be shorter in specific situations, such as:
Because these time limits are strict, contacting an attorney as soon as possible ensures that no deadline is missed and crucial evidence is preserved.
Beyond the legal aspects, wrongful death leaves a deep emotional wound that no settlement can truly heal. Surviving spouses lose lifelong partners. Children grow up without parents. Parents face the unimaginable grief of losing a child.
At the same time, families often face overwhelming financial strain — from funeral costs to unpaid medical bills to the sudden loss of income. The purpose of a wrongful death claim is not only to seek justice, but also to help restore stability and dignity in the face of profound loss.
At Trial Lawyers of Wisconsin, we believe in fighting for people — not corporations. Our firm has recovered over $100 million for Wisconsin families, and we approach every case with compassion and determination.
When you choose us, you can expect:
We prepare every case as if it will go to trial, ensuring maximum leverage in negotiations and the best possible outcome for your family.
Our philosophy is simple but powerful:
“We represent people and families, not corporations. We prepare each case for trial — and we never settle cheaply.”
We’ve taken on large insurance companies, hospitals, and corporations — and won. Our attorneys have the resources, skill, and courage to handle even the most complex wrongful death cases.
Families across Wisconsin trust us because we deliver results with integrity and compassion.
A wrongful death claim cannot bring a loved one back — but it can bring justice, closure, and security for the future. By holding negligent parties accountable, you also help make Wisconsin a safer place for others.
At Trial Lawyers of Wisconsin, we stand with families in their most difficult moments. We handle the legal burdens with care, professionalism, and respect, allowing you to focus on what matters most — healing and honoring your loved one’s memory.
If your family has lost someone due to another’s negligence, contact Trial Lawyers of Wisconsin today for a free, confidential consultation. We’ll help you understand your rights, pursue justice, and fight for the compensation your family deserves.
