Best Wrongful Death Lawyers in Wisconsin

About Wrongful Death Law in Wisconsin, United States

Wrongful death law in Wisconsin allows family members or representatives to seek compensation when someone dies as a result of another person's or entity's wrongful act, negligence, or default. The purpose of a wrongful death claim is to provide financial support to survivors and hold responsible parties accountable when a preventable death has occurred. These claims are civil, not criminal, and they can lead to compensation for lost wages, medical expenses, funeral costs, and loss of companionship.

Why You May Need a Lawyer

Wrongful death cases are complex and emotionally charged. You may need a lawyer in several situations relating to wrongful death, including:

• When a loved one has died due to a car accident, workplace incident, medical malpractice, dangerous premises, or defective product
• If insurance companies refuse to pay fair compensation or deny your claim
• When multiple parties may be at fault and accountability is unclear
• If you are struggling to calculate the true impact of your loss, including emotional and financial damages
• When there are disagreements or conflicts among eligible family members regarding the lawsuit

An attorney experienced in wrongful death law can help you understand your rights, gather evidence, comply with strict filing deadlines, and maximize the compensation your family deserves.

Local Laws Overview

Wisconsin’s wrongful death statutes are found primarily in Chapter 895 of the Wisconsin Statutes. Key aspects that are especially important for anyone considering a claim include:

• Who can file: The personal representative of the deceased's estate pursues the claim. In certain cases, surviving spouses, domestic partners, children, parents, or guardians may also have rights.
• Types of Damages: Compensation can cover medical expenses related to the final injury, funeral and burial costs, lost earnings, loss of future financial support, and loss of companionship (subject to statutory limits).
• Statute of Limitations: Generally, a wrongful death lawsuit must be filed within three years of the date of death. In some cases, such as those involving a motor vehicle, a two-year deadline may apply.
• Distribution of Damages: Wisconsin law outlines who may share in any damages awarded, typically prioritizing immediate family members.
• Comparative Negligence: If the deceased is found partially at fault, damages may be reduced proportionately.

Frequently Asked Questions

What is a wrongful death claim?

A wrongful death claim is a legal action brought when someone’s death is caused by another party’s wrongful act or negligence. It seeks compensation for losses suffered by surviving family members.

Who can file a wrongful death lawsuit in Wisconsin?

The personal representative of the deceased's estate has the authority to file a wrongful death lawsuit, but certain family members such as spouses, children, domestic partners, or parents may also be eligible depending on the circumstances.

What is the time limit for filing a wrongful death claim in Wisconsin?

Most wrongful death claims must be filed within three years of the death, but in cases involving motor vehicles, the limit can be two years. It is important to act promptly to preserve your right to compensation.

What type of damages can I recover in a wrongful death case?

Damages may include medical expenses, funeral and burial costs, lost income, loss of companionship, and in some cases, punitive damages.

Can more than one person recover damages from a wrongful death claim?

Yes, Wisconsin law allows for damages to be distributed among eligible family members, including spouses, children, and dependents.

Is there a limit to compensation for loss of companionship?

Yes, Wisconsin places a statutory cap on damages for loss of companionship and society. The specific amount changes periodically, so consulting an attorney for current limits is recommended.

What happens if the deceased was partially at fault for the accident?

Wisconsin’s comparative negligence rules may reduce the awarded damages if the deceased is found partly responsible, but recovery is still possible unless their fault exceeds that of the defendant(s).

Do I have to go to court for a wrongful death claim?

Not necessarily. Many wrongful death claims settle outside of court through negotiations, but some cases require litigation if parties cannot reach an agreement.

How is a wrongful death settlement divided among family members?

Courts generally follow Wisconsin statutes to distribute any settlement or award, prioritizing immediate family relationships. The exact distribution can vary based on the case details.

Should I speak to the insurance company before consulting a lawyer?

It is often best to consult with an attorney before speaking with insurance representatives. Insurance companies may attempt to minimize payouts, and your statements could impact your claim.

Additional Resources

If you need more information or assistance, several organizations and governmental bodies can provide helpful guidance on wrongful death matters in Wisconsin:

• Wisconsin Court System - For forms, statutes, and general court procedures
• Wisconsin Department of Justice - Victim resources and legal rights
• State Bar of Wisconsin - For lawyer referrals and consumer information
• Wisconsin Law Library - For access to legal research tools and guides
• Local legal aid societies - For low-cost or free legal help if you qualify

Next Steps

If you believe you have a wrongful death claim, it is important to act quickly due to legal deadlines. Here are recommended steps:

• Gather all possible documentation, such as accident reports, medical records, and contact information for witnesses
• Contact a qualified Wisconsin wrongful death attorney for an initial consultation
• Do not discuss the case in detail with the defendant’s insurer before consulting legal counsel
• Stay organized by keeping all paperwork, correspondence, and records in one place
• Ask your attorney about your rights, potential damages, and the anticipated process

A knowledgeable legal professional can evaluate your case, explain your options, file the necessary paperwork, and represent your interests throughout the entire process. Taking prompt and informed action can help you protect your family’s rights and secure the compensation you deserve.