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When a family member dies because of someone else’s mistake, grief often arrives alongside unpaid bills, unfamiliar forms, and a legal deadline that has already started to run. Wisconsin sets firm rules on who may file a wrongful death claim and how long they have to file it, and those rules are easy to miss during a hard time.
Pemberton Personal Injury Law Firm helps families across Wisconsin pursue answers and fair compensation after a fatal accident. Our team brings many years of combined experience to personal injury cases in Wisconsin, and we handle wrongful death claims on a contingency basis, so you pay no fee unless we win.
A wrongful death claim is a civil lawsuit filed after a death caused by another person’s wrongful act, neglect, or default. Under Wis. Stat. § 895.03, a family may bring the claim when the person who died could have sued had they lived.
Unlike a criminal case, which the state brings to punish a crime, a wrongful death claim is brought by the family to seek compensation for what the death has cost them. Many claims begin with one of the following types of accidents.
Each type of case has its own evidence and its own responsible parties, so a lawyer can review the facts before anyone decides who to hold accountable.
Under Wis. Stat. § 895.04, a wrongful death action may be brought by the personal representative of the person who died or by the person to whom the money recovered belongs. The personal representative is the person named in a will or appointed by a court to manage the estate.
Wisconsin law also sets the order in which family members receive any recovery.
When the person who died left children under 18, a court must approve any settlement and may set aside part of the money to protect those children. Families are often unsure where they fall in this order, and we can review your situation during a free case evaluation.
The amount depends on the facts of each case, and no lawyer can promise a result. Wisconsin law does name the types of losses a family may seek.
A claim may seek the income, benefits, and support the person would have provided, along with the value of the care and services they gave the household. The personal representative may also recover reasonable medical and funeral expenses, including burial costs, under Wis. Stat. § 895.04(5).
A spouse, children, or parents may also seek damages for the loss of the person’s love, guidance, and companionship. Siblings may do so only if they were minors when the death occurred. Wis. Stat. § 895.04(4) caps this type of award at $350,000 per occurrence for an adult and $500,000 per occurrence for a minor.
Wisconsin does not allow punitive damages in a wrongful death claim. The state also follows a modified comparative negligence rule under Wis. Stat. § 895.045, so an award may be reduced if the person who died shared some blame for the accident. If that person’s share of fault was greater than the other party’s, the claim may be barred.
Typically, a wrongful death lawsuit must be filed within three years of the date of death under Wis. Stat. § 893.54(1m)(b). If the death arose from a motor vehicle accident, the deadline is shorter at two years under Wis. Stat. § 893.54(2m).
However, important exceptions and nuances can change the applicable deadline. Claims against a city, county, or other government body carry strict notice rules that can start within 120 days, and other rules may apply depending on who is responsible. You can read the full text of Wisconsin Statute 893.54, and our blog explains the wrongful death statute of limitations in more detail. A missed deadline can end a claim for good, so it helps to speak with a lawyer early.
A family generally must show four things: the other party owed a duty of care, that duty was breached, the breach caused the death, and the death caused measurable losses. Civil cases use a preponderance of the evidence standard, which means it is more likely than not that the claim is true. Our guide on how to prove wrongful death walks through each step.
Evidence often includes police and crash reports, medical records, photos, video, witness statements, and employer records. Our team works to gather it early because it can be lost or changed over time. We also prepare every case as though it may go to trial, which can matter when an insurance company offers less than a family needs.
A lawyer can take over the legal work so your family has room to grieve. That work includes finding every party that may be responsible, filing the claim on time, dealing with insurance companies, and working out how each loss should be valued. Our team keeps clients updated, so you always know where your case stands.
Pemberton Personal Injury has offices in Baraboo, Madison, Eau Claire, and Sun Prairie, and we meet with clients by phone, email, video, or in person. We also help families through our Eau Claire, Sun Prairie, Fitchburg, and Waunakee wrongful death pages.
A lawsuit may be filed by the personal representative of the person who died or by the person who would receive the recovery. The recovery goes first to a spouse or domestic partner, then to lineal heirs such as children or parents, and then to brothers and sisters if no lineal heirs survive.
Typically, three years from the date of death. If a motor vehicle accident caused the death, the deadline is two years. Exceptions may apply, including notice rules for claims against government bodies, so speak with a lawyer as soon as you can.
Every case is different, and no one can promise a result. Value depends on lost income and support, medical and funeral costs, and the family’s loss of companionship. Wisconsin caps loss of society and companionship damages at $350,000 for an adult and $500,000 for a minor, but the cap applies to that category and not to financial losses.
Possibly. Under Wisconsin’s modified comparative negligence rule, an award may be reduced by the share of fault assigned to the person who died. If that share is greater than the other party’s, the claim may be barred.
We handle wrongful death cases on a contingency fee basis, so you pay no upfront fees and no attorney fee unless we win. Our blog explains how much it costs to hire a personal injury lawyer.
Attorneys at our firm have been recognized by Super Lawyers, Martindale-Hubbell, and the National Trial Lawyers, and our team brings many years of combined experience to cases involving serious injury and loss. We prepare every claim with care and keep families informed at each step.
If a family member died because of someone else’s actions, you do not have to sort through the law on your own. Contact Pemberton Personal Injury today for a free case evaluation.
With four offices across the state, we're never far from where you need us.
Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
Losing a family member is hard enough without legal questions on top of it. Our Wisconsin wrongful death lawyers can review what happened, explain your options, and answer your questions at no cost. Call (608) 448-6242 to speak with our team.
$40M+ Won For Our Clients
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
In this wrongful death case, the client’s loved one was tragically killed while crossing the street as a pedestrian when struck by an inattentive driver. The collision caused fatal injuries, including massive brain hemorrhage and associated fractures.
Medical bills totaled approximately $89,000, and we pursued justice on behalf of the family. While we could have accepted the policy limits earlier, the family wanted to ensure accountability. Through extensive negotiations, we secured $600,000, including $100,000 the at-fault party paid out of pocket above policy limits to settle the case and provide the family with meaningful closure.
The client’s loved one tragically choked to death. With medical bills of $1,300, we pursued the family’s claim and negotiated a $140,000 settlement to cover medical and funeral-related costs and provide the family with timely compensation so they could move forward without prolonged litigation.
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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