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When a family member dies because of someone else’s carelessness, the days that follow are full of grief, funeral decisions, and questions about money. Wisconsin law also puts a clock on any legal claim, and that clock may already be running.
Pemberton Personal Injury Law Firm helps families in Eau Claire and the Chippewa Valley look into what happened and seek fair compensation. Our Eau Claire office handles wrongful death claims on a contingency basis, so you pay no attorney fee unless we win. For injuries that were not fatal, see our Eau Claire personal injury lawyers.
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. Our blog explains what a wrongful death is in plain terms.
A wrongful death claim is separate from any criminal charges that come from the same event. The two differ in several ways:
| Criminal case | Wrongful death claim | |
|---|---|---|
| Purpose | The state punishes a crime. | The family seeks compensation for what the death has cost them. |
| Who brings it | Prosecutors bring the charges. | The personal representative of the person who died, or a family member, brings the claim. |
| Standard of proof | Proof beyond a reasonable doubt. | Proof by a preponderance of the evidence, which means it is more likely than not. |
A family may be able to file a civil claim whether or not criminal charges are filed.
Typically, a wrongful death lawsuit must be filed within three years of the date of death under Wis. Stat. § 893.54(1m)(b). If a motor vehicle accident caused the death, the deadline is two years under Wis. Stat. § 893.54(2m).
However, there are important exceptions and nuances that can affect the applicable deadline. A claim against a city, county, or state body generally requires written notice within 120 days under Wis. Stat. § 893.80(1d), and a death that happened outside Wisconsin may be governed by another state’s rules. 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.
Wis. Stat. § 895.04 allows the personal representative of the person who died, or the person to whom any recovery belongs, to bring the claim. The personal representative is the person named in a will or appointed by a court to manage the estate. Wisconsin law sets the following order for who receives the recovery:
When the person who died left children under 18, a court must approve any settlement and may set aside up to half of the recovery for those children. If you are not sure where your family falls in this order, we can review it with you during a free case evaluation.
Every case depends on its own facts, and no lawyer can promise a result. Wis. Stat. § 895.04(5) allows reasonable medical and funeral expenses, and a claim may also seek the income, benefits, and household services the person would have provided had they lived.
A spouse, children, or parents may also seek damages for loss of society and companionship, and siblings may do so only if they were minors when the death occurred. Under Wis. Stat. § 895.04(4), this category is capped at $350,000 per occurrence for an adult and $500,000 per occurrence for a minor, and the cap does not limit financial losses. Wisconsin does not allow punitive damages in a wrongful death claim, and under Wis. Stat. § 895.045 an award may be reduced if the person who died shared fault for the accident.
Many claims begin with a traffic crash on the roads that carry people through the Chippewa Valley. The Wisconsin Department of Transportation’s county fatality table lists 10 traffic fatalities in Eau Claire County in 2024, the most recent year of final figures. Other claims come from workplaces, care facilities, and unsafe property.
Under Wis. Stat. § 801.50, a civil lawsuit may be filed in the county where the claim arose or in a county where a defendant lives or does substantial business. When a death happens in Eau Claire County or involves a defendant who lives or works here, a family may be able to file in Eau Claire County Circuit Court. The Clerk of Circuit Court is at the Eau Claire County Courthouse, 721 Oxford Ave., Eau Claire, and the Wisconsin court system lists the clerk’s contact details. Where a case belongs depends on the facts, and a lawyer can review the options before anything is filed.
A lawyer can take over the legal work so your family has room to grieve. That includes finding every party that may be responsible, gathering evidence such as crash reports, medical records, and witness statements, filing the claim on time, and dealing with insurance companies. A family generally must show that the other party owed a duty of care, breached it, caused the death, and that the death caused measurable losses. Our guide on how to prove wrongful death explains each step.
Our Eau Claire office is at 221 W Madison St, Suite 104, Eau Claire, WI 54703, and we also meet with families by phone, email, or video. Our Wisconsin wrongful death lawyers page explains how these claims work across the state.
A claim may still be possible. Uninsured motorist coverage on the family’s own auto policy may apply, and police may identify the driver later. Our blog explains who pays in a Wisconsin hit-and-run.
Wisconsin law sets an order: first a spouse or domestic partner, then lineal heirs such as children or parents, then brothers and sisters if no lineal heirs survive. When there are children under 18, a court must approve a settlement and may set aside up to half for them. The details depend on who survives.
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.
No. You can take time to grieve and ask questions, and a call with our team is free with no obligation. The filing deadline keeps running, though, so it helps not to wait too long to ask what your options are.
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.
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 Eau Claire 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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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
"*" indicates required fields
By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
"*" indicates required fields
By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
