Wrongful Death in Wisconsin: How to Pursue Justice After Losing a Loved One

Losing a loved one is one of the most devastating experiences a person can endure—especially when the death was preventable. When someone's life is taken due to the careless or reckless actions of another, the surviving family members may be left with deep emotional trauma, unexpected financial burdens, and unanswered questions.

In these tragic moments, Trial Lawyers of Wisconsin is here to help grieving families understand their legal rights and take meaningful steps toward justice. Through a wrongful death claim, you may be entitled to compensation for your loss and to hold the responsible party accountable.

What Is Wrongful Death?

Under Wisconsin Statutes § 895.03, wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another party. Common causes of wrongful death include:

• Fatal workplace accidents
• Medical malpractice
• Defective products
• Fatal truck or commercial vehicle crashes
• Nursing home abuse or neglect
• Dangerous property conditions

A wrongful death claim is a civil lawsuit, separate from any criminal charges that may be filed. It’s not about revenge—it’s about justice, financial recovery, and closure.

Who Can File a Wrongful Death Claim in Wisconsin?

In Wisconsin, a wrongful death lawsuit may be filed by:

• The personal representative of the deceased person’s estate
• The spouse or domestic partner
• Children of the deceased
• Parents, if the deceased was a minor or unmarried adult
• In some cases, other dependents or close relatives may qualify

The process starts by identifying the appropriate party to file the claim, establishing liability, and documenting damages.

Damages Available in a Wrongful Death Claim

A successful wrongful death lawsuit can provide compensation for both economic and non-economic losses, including:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of financial support (lost wages, benefits)
• Loss of companionship and guidance
• Emotional pain and suffering experienced by survivors
• Loss of household services and parental support

Wisconsin also allows a separate survival claim for any pain and suffering the deceased endured before death, which is handled through the estate.

Statute of Limitations in Wisconsin

You generally have three years from the date of death to file a wrongful death claim in Wisconsin. However, if the death involved a motor vehicle accident, the statute of limitations may be reduced to two years. Time is critical. If the deadline is missed, the court will likely dismiss your case.

To ensure your rights are preserved, you should consult with a wrongful death attorney as soon as possible.

Why Choose Trial Lawyers of Wisconsin?

Navigating a wrongful death claim is emotionally taxing and legally complex. At Trial Lawyers of Wisconsin, we provide:

• Compassionate legal guidance during your most difficult time
• Aggressive representation to hold negligent parties accountable
• Thorough investigations using expert resources
• Clear communication so you know what to expect at every step
• A commitment to securing the maximum compensation for your family’s future

Our team is not only experienced in wrongful death litigation—we genuinely care about the families we serve. We treat every case with the dignity, patience, and attention it deserves.

What to Expect During the Legal Process

When you work with our firm, we’ll handle the legal burden so you can focus on healing. The process typically includes:

1. Initial consultation to evaluate your case and explain your options
2. Investigation and evidence gathering, including medical records, accident reports, and witness statements
3. Filing the claim and communicating with insurance companies and opposing parties
4. Negotiation for a fair settlement or preparation for trial if needed

We are committed to transparency and will always involve you in key decisions while handling the day-to-day legal work.

Let Us Help You Find Justice

No amount of money can replace your loved one, but a successful wrongful death claim can bring closure, provide financial stability, and create accountability. At Trial Lawyers of Wisconsin, we’re here to walk with you every step of the way.