What is Wrongful Death?

Last Updated on: March 11, 2026

Legally Reviewed By:

William Pemberton

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Wrongful death is a person’s death due to another’s wrongful acts. This can result from negligence such as a careless or intoxicated driver causing an accident, an intentional act such as assault, battery, murder, and more.

Key Takeaways:

  • Wrongful death occurs when someone dies due to another’s negligence or intentional act, such as a car accident, assault, or medical error.
  • Wisconsin law allows spouses, children, parents, and in some cases siblings or close relatives, to file a wrongful death claim.
  • Families may pursue damages for funeral and medical expenses, lost inheritance, and loss of companionship.
  • Documenting key dates, medical costs, and related expenses strengthens the case for compensation.
  • An experienced attorney can guide families through the legal process, ease financial stress, and pursue justice for their loved one.

It is never easy to lose a loved one. It can feel unbearable if the facts surrounding their death result from another’s negligence or intentional acts. We understand that filing a wrongful death claim will not bring your loved one back. We respect your desire to want to feel that justice has been served in honor of your loved one and we are prepared to help you understand what options you have.

Who Can Sue for Wrongful Death?

According to Wisconsin law, close family members can file a wrongful death suit for losing their loved one. This can include children, parents, the spouse or domestic partner, and in some cases, siblings and other close relatives.

If you feel that a wrongful death has occurred in your family and want to seek justice in honor of your loved one, speak with an experienced attorney to determine your options.

What Damages Can I Pursue?

Significant financial strain is not uncommon in wrongful death suits. You don’t have to endure the stress of financial distress along with mourning the loss of your loved one.

Some common damages pursued in wrongful death cases are the costs of the funeral or burial and medical expenses incurred before their death. Other damages that can be sought are the estimated amounts related to the inheritance that is now lost due to wrongful death, loss of society or companionship due to the loss of a spouse or a parent, and more.

It can be overwhelming to try and determine the total financial strain this loss has on your family. Consult an experienced attorney to determine what compensation may be available to you.

Why Work with an Attorney?

While you are mourning the death of your loved one, you shouldn’t have to navigate financial strain alone. Document the important dates such as the original incident, medical appointments, and the costs associated with medical care and funeral or burial services. You can share this information with your attorney and create a reasonable plan for the compensation you may be eligible for. As discussed above, other compensation may be available that you may not have even thought of. A knowledgeable attorney can help you gain perspective and fight for what is rightfully yours. Contact our office at (608) 448-6242 to learn more about your options. Through years of experience working with families, we are confident that we can help you too.

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ABOUT THE AUTHOR
William Pemberton

Founder & Personal Injury Attorney

William M. Pemberton founded Pemberton Personal Injury Law Firm in 2006 to fight for injured Wisconsinites. Focusing on motor vehicle accidents (car, motorcycle, and pedestrian), Will has been named a Super Lawyer for 14 consecutive years and holds a Martindale-Hubbell AV Preeminent Rating, as well as a Client Champion Platinum Award.

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