Losing a sibling because of someone else’s negligence is heartbreaking. When this heartbreaking loss happens, many brothers and sisters wonder whether they have the legal right to file a wrongful death claim. Under Wisconsin law, the answer depends on the other survivors.
Wisconsin’s wrongful death statute sets a clear order of who can file a claim. At Pemberton Personal Injury Law Firm, we help families across Wisconsin understand where they stand under this law and what steps they can take. Our dedicated team is committed to making sure grieving families know their rights before those rights expire.
How Wrongful Death Claims Work in Wisconsin
Wisconsin’s wrongful death law allows certain surviving family members to seek compensation after a death caused by negligence or wrongful conduct. Wis. Stat. § 895.04 establishes who has the right to file and in what order, for family members who suffered losses because of a loved one’s death.
Who Can File a Wrongful Death Claim in Wisconsin?
Wisconsin uses a strict hierarchy to determine who may file. When one eligible party is living, the right to file generally belongs to them alone. The order is as follows:
- Spouse or domestic partner: Has the highest priority and typically serves as the sole claimant.
- Children: Step in if there is no surviving spouse or domestic partner.
- Parents: May file if the deceased had no surviving spouse and no children.
- Siblings: May have the right to file if none of the above relatives are living.
If your sibling did not leave behind a spouse, partner, children, or parents, you may have the right to file a wrongful death claim.
When Can a Sibling File a Wrongful Death Claim in Wisconsin?
A sibling may only file when no higher-priority family member survives. In those circumstances, Wisconsin law may allow a sibling to step forward as the eligible claimant.
In some cases, siblings who were minors when the death happened may be able to recover compensation for the loss of companionship and support. This is a distinct element of damages that recognizes the emotional impact of losing a sibling. Adult siblings may face more limits under Wisconsin law when seeking these damages.
What Compensation May Be Available in a Wrongful Death Claim?
A wrongful death claim may help families recover compensation for financial and emotional losses. Economic damages may include medical bills before death, funeral and burial costs, and lost financial support the person would have provided. Non-economic damages may include the loss of companionship, care, and support.
Wisconsin law caps non-economic damages at $350,000 for the death of an adult and $500,000 for the death of a minor. This cap does not apply to economic damages. Families involved in personal injury cases that resulted in a death may also have additional claims to consider alongside a wrongful death action.
How Long Do You Have to File a Wrongful Death Claim in Wisconsin?
Wisconsin law sets time limits on filing wrongful death claims. In most cases, a lawsuit must be filed within 3 years from the date of the person’s death. However, exceptions and nuances can affect the applicable deadline. Having our lawyers’ support can help you understand your rights.
Certain situations may involve different filing deadlines, including claims involving motor vehicle accidents. Speaking with a wrongful death lawyer early may help you better understand your options and deadlines. Our frequently asked questions page covers more about Wisconsin deadlines and legal processes for injured families.
Schedule a Free Case Evaluation With a Wisconsin Wrongful Death Lawyer Today
When the loss of a sibling resulted from someone else’s negligence, the legal questions that follow can feel overwhelming while you are grieving. Pemberton Personal Injury Law Firm understands the weight families carry in these moments, and our team, backed by over 90 years of combined legal experience, is here to guide you through the process at your pace.
The Pemberton Promise reflects our commitment to every client: dedicated representation, clear communication, and a fight for the full compensation families deserve. If you think you may have the right to file a wrongful death claim, our team is here to help you understand your options. Contact us today for a free case evaluation.
