Learn who can file a wrongful death claim in Wisconsin, what compensation may be available, and how Trial Lawyers of Wisconsin helps grieving families pursue justice and accountability.
Losing a loved one because of someone else’s carelessness is one of the most painful experiences imaginable. The grief is deep, the loss is irreplaceable, and the financial and emotional toll can be overwhelming.
When a wrongful death occurs, Wisconsin law allows certain family members to seek justice through a civil claim. This process can’t bring your loved one back, but it can hold negligent parties accountable and provide much-needed financial security during a time of crisis.
At Trial Lawyers of Wisconsin, we’ve stood beside grieving families for more than three decades. Our attorneys understand both the legal complexities and the emotional challenges that come with wrongful death cases. We approach every case with compassion — and fight with strength — to ensure families receive the full justice they deserve.
Here’s what families need to know about who can file a wrongful death claim in Wisconsin and how the process works.
Under Wisconsin Statute § 895.03, a wrongful death occurs when a person’s death is caused by another’s negligence, recklessness, or intentional misconduct.
Unlike a criminal case, which focuses on punishment, a wrongful death claim is a civil action designed to compensate surviving family members for the harm caused by the loss.
Common examples of incidents leading to wrongful death claims include:
In every case, the purpose of a wrongful death lawsuit is to ensure accountability and fair compensation for the family left behind.
Wisconsin law is specific about who has the right to bring a wrongful death lawsuit. The eligible parties are determined by their relationship to the deceased.
A wrongful death action is usually filed by the personal representative (executor) of the deceased person’s estate. This person acts on behalf of the estate and any surviving family members who are entitled to damages.
The personal representative can be someone named in a will or appointed by the court. Their role is to handle all legal matters related to the estate — including filing the lawsuit, managing settlement negotiations, and distributing damages appropriately.
If the deceased was married or in a registered domestic partnership, the spouse or partner has the right to recover damages for:
This right is protected under Wisconsin Statute § 895.04, which ensures that surviving partners can seek justice for the disruption to their shared life.
If the deceased leaves behind children, they also have the right to recover compensation — particularly for the loss of parental guidance, care, and support.
When both a spouse and children survive, Wisconsin law outlines how damages are divided. Typically, the court will ensure the distribution is fair and proportional, balancing the spouse’s and children’s emotional and financial losses.
If the victim was unmarried and had no children, their parents are eligible to file the wrongful death claim. This often applies in tragic cases involving young adults, college students, or minors who lose their lives due to negligence.
If none of the above relationships exist, the estate itself may file the wrongful death claim, with compensation distributed to heirs or beneficiaries according to state law.
One of the most misunderstood parts of a wrongful death claim is how compensation is divided among family members.
Under Wisconsin Statute § 895.04(4), the court determines how damages will be distributed “in such proportions as the court shall deem fair and equitable.” This means there is no fixed formula, and the judge will consider:
For example, a surviving spouse who shared decades of marriage may receive a greater portion of loss-of-companionship damages, while children may receive more for loss of parental care and guidance.
Having experienced legal representation ensures that every eligible family member is treated fairly — and that no one is left out of the compensation process.
A successful wrongful death claim may include damages for both economic and non-economic losses.
Wisconsin law caps non-economic damages for loss of companionship at $500,000 for adults and $350,000 for minors. However, there is no cap on economic damages, ensuring families can recover the full financial support they lost.
At Trial Lawyers of Wisconsin, we work closely with financial experts and economists to accurately calculate lifetime earnings and benefits — making sure your claim reflects the full impact of your loss.
The personal representative plays a vital role in a wrongful death case. Their responsibilities include:
Because of the complexity of estate and wrongful death law, the personal representative should always work with a skilled wrongful death attorney to avoid mistakes and delays.
Wrongful death cases are both legally complex and emotionally overwhelming. Families often face corporations, insurance companies, or hospitals with deep pockets and aggressive defense teams.
At Trial Lawyers of Wisconsin, we handle every detail so families can focus on healing. Our team:
This level of preparation gives us leverage in negotiations and ensures families receive maximum compensation for their loss.
For over 30 years, Trial Lawyers of Wisconsin has stood for one core belief: people deserve justice — no matter how powerful the opponent.
We’ve recovered more than $100 million for clients across the state, helping families hold negligent drivers, corporations, and institutions accountable.
Our clients choose us because we:
When you hire Trial Lawyers of Wisconsin, you’re not just hiring a law firm — you’re gaining a team that will stand beside you, fight for you, and help you rebuild your future.
After a wrongful death, families often feel lost, unsure of where to turn or how to seek justice. Wisconsin law provides a path forward — but understanding who can file a claim, how damages are divided, and what evidence is needed can be complex without help.
At Trial Lawyers of Wisconsin, we’re here to guide you every step of the way. We take on powerful defendants, uncover the truth, and fight for the full compensation your family deserves.
If you’ve lost a loved one due to someone else’s negligence, don’t face the process alone. Contact Trial Lawyers of Wisconsin today for a free consultation. We’ll help you navigate the legal system with compassion, skill, and the determination to achieve justice.
