How Wisconsin Wrongful Death Laws Protect Families

Losing a loved one is one of the most difficult experiences a person can face. The pain of this loss can be even more devastating when it is caused by the negligence or wrongful actions of another party. In Wisconsin, families who experience such tragic losses can seek justice and compensation through a wrongful death claim. These laws are designed to protect the rights of survivors and provide a legal path for recovery. If you find yourself in this situation, consulting with a Wisconsin wrongful death lawyer can be crucial in navigating the complex legal process.

What is Wrongful Death in Wisconsin?

Wrongful death in Wisconsin occurs when a person’s death is caused by another individual’s negligence, recklessness, or intentional actions. This can happen in a variety of situations, including car accidents, medical malpractice, workplace accidents, or even criminal acts. In these cases, the surviving family members may have the right to pursue a wrongful death claim to recover damages.

Who Can File a Wrongful Death Claim?

Under Wisconsin law, a wrongful death claim can be filed by the personal representative of the deceased’s estate. This individual may be named in the deceased’s will or appointed by the court if no will exists. The personal representative can file the claim on behalf of the deceased’s surviving family members, such as the spouse, children, or parents. In certain circumstances, other family members, such as siblings or grandparents, may also be eligible to file a claim.

Types of Damages in a Wrongful Death Claim

When a wrongful death occurs, the family members left behind may suffer both financially and emotionally. Wisconsin wrongful death laws allow the survivors to recover two types of damages: economic and non-economic.

• Economic Damages: These are financial losses that can be directly quantified, such as medical expenses, funeral and burial costs, lost wages, and lost future earnings. For example, if the deceased was the primary breadwinner, the family may be entitled to compensation for the wages the deceased would have earned had they lived. Additionally, medical expenses related to the deceased’s final illness or injury can be recovered.

• Noneconomic Damages: These damages are harder to quantify and include emotional pain, suffering, and the loss of companionship. The surviving family members may experience profound grief, anxiety, and emotional distress due to the death of their loved one. Wisconsin law also recognizes the loss of society, affection, and guidance, which can be compensated in wrongful death cases.

Statute of Limitations for Filing a Claim

Time is a critical factor when filing a wrongful death claim in Wisconsin. The statute of limitations, or the time limit for filing a lawsuit, is generally three years from the date of the death. However, if the death was caused by a motor vehicle accident, the statute of limitations is reduced to two years. If a claim is not filed within this time frame, the family may lose the right to pursue compensation.

How Fault is Determined in Wrongful Death Cases?

Wisconsin follows a modified comparative negligence standard in wrongful death claims. This means that the fault of the deceased is considered when determining damages. If the deceased is found to be partially responsible for the incident that led to their death, their recovery may be reduced by their percentage of fault. 

However, determining fault can be complicated in wrongful death cases, which is why working with a Wisconsin wrongful death lawyer is highly recommended. An experienced attorney can help investigate the circumstances surrounding the death and build a strong case on behalf of the family.

The Importance of Legal Representation

Dealing with the loss of a loved one is an incredibly emotional and overwhelming experience. Adding the complexity of a legal claim can make it even more challenging. However, hiring a lawyer can provide invaluable support during this difficult time. They will handle all the legal aspects of the case, ensuring that the family’s rights are protected and that they receive the compensation they deserve.