Understanding Your Rights in a Wisconsin Wrongful Death Case

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person dies due to the negligent, reckless, or intentional act of another party. Unlike criminal cases, which seek to punish offenders, wrongful death suits are meant to compensate surviving family members for their losses. In Wisconsin, these claims are governed by Wisconsin Statute § 895.03, which outlines the conditions under which such lawsuits can be filed and the types of damages that may be recovered.

Common Causes of Wrongful Death

Wrongful death can result from a wide range of incidents, including:

• Car accidents caused by speeding, drunk driving, or distracted driving
• Medical malpractice due to surgical errors, misdiagnoses, or delayed treatment
• Workplace accidents, especially in construction or industrial environments
• Defective products such as unsafe vehicles, medications, or machinery
• Premises liability incidents, including fatal falls or injuries on unsafe properties
• Nursing home abuse or neglect resulting in death

Regardless of the cause, the common thread in these cases is negligence—a failure to act with reasonable care.

Who Can File a Wrongful Death Claim in Wisconsin?

Under Wisconsin law, the following parties may have the legal right to file a wrongful death claim:

• The personal representative of the deceased person's estate
• The deceased’s spouse or domestic partner
• The children or parents of the deceased
• In some cases, other family members or dependents

The court may also appoint a guardian ad litem to represent the interests of minor children affected by the death.

What Damages Are Recoverable?

Wrongful death settlements and verdicts can provide compensation for a variety of economic and non-economic losses, including:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Loss of financial support and future earnings
• Loss of companionship, care, and guidance
• Emotional pain and suffering experienced by surviving family members

In certain situations, punitive damages may also be awarded if the defendant’s actions were particularly egregious or intentional.

How Long Do You Have to File?

Wisconsin’s statute of limitations for wrongful death claims is generally three years from the date of death. However, if the death resulted from a motor vehicle accident, the deadline may be reduced to two years. Failing to file within the appropriate time frame can result in losing your right to compensation entirely. That’s why consulting with an attorney as soon as possible is crucial.

Why Legal Guidance Matters

Navigating a wrongful death claim while grieving is incredibly difficult. Insurance companies often try to minimize payouts or deny liability altogether. That’s where experienced legal representation makes a difference. At Trial Lawyers of Wisconsin, we:

• Conduct thorough investigations to establish liability
• Work with experts in accident reconstruction, economics, and medicine
• Negotiate assertively with insurance carriers
• Prepare every case for trial to ensure maximum leverage
• Provide empathetic, transparent communication every step of the way

Our priority is to protect your rights while you focus on healing.

Real Advocacy, Real Results

Families throughout Wisconsin have trusted us to fight for justice on behalf of their loved ones. From negotiating significant settlements to securing favorable trial verdicts, our team has a proven track record of delivering results. We’re not just lawyers—we’re partners in your pursuit of justice.

Contact Trial Lawyers of Wisconsin

If you’ve lost a loved one due to someone else’s negligence, don’t wait to take action. Reach out to Trial Lawyers of Wisconsin for a confidential consultation. We’re here to listen, to guide, and to advocate.

📞 Call us today or 💬 visit our website to schedule your free case review.