Who Can File a Wrongful Death Claim in Wisconsin?
Wisconsin Statutes § 895.04 establishes who may bring a wrongful death action. The deceased’s spouse or domestic partner, children, parents, or the personal representative of the estate can file these claims. Brothers and sisters may also recover damages if the deceased left no surviving spouse, domestic partner, minor children, or other lineal heirs.
Wisconsin law imposes strict deadlines for filing wrongful death lawsuits. Wisconsin Statutes § 893.54 places strict time limits on wrongful death claims, and many cases must be filed within a limited period after the death. In some situations, shorter deadlines or special rules may apply, making it critical for families to seek legal guidance as early as possible.
How to Prove Fault in a Wrongful Death Claim
Proving a wrongful death claim requires establishing several legal elements demonstrating the defendant’s liability. The burden of proof is preponderance of the evidence, meaning the plaintiff must show it is more likely than not that the defendant’s actions caused the death.
Duty of Care
The first element requires demonstrating that the defendant owed a duty of care to the deceased. Drivers owe other motorists a duty to operate their vehicles safely. Property owners must maintain reasonably safe premises for visitors. Medical professionals owe patients a duty to provide care that meets accepted standards in their field.
Breach of Duty
The plaintiff must show the defendant breached that duty through negligent or wrongful conduct. This might involve presenting evidence that a driver ran a red light or texted while driving. For premises liability cases, breach could include failing to repair a known hazard or inadequate security measures.
Causation
Causation links the defendant’s breach to the victim’s death. The plaintiff must prove that breach directly caused the death. This often requires expert testimony, particularly in complex accident cases involving truck accidents or motorcycle crashes.
Damages
The final element requires documenting damages suffered by surviving family members. This includes gathering financial records documenting lost income, medical bills incurred before death, and funeral expenses. Families must also demonstrate non-economic losses, like the deceased’s role in providing guidance and companionship.
What Damages May You Recover for Your Wrongful Death Claim?
Wisconsin law allows recovery of both economic and non-economic damages in wrongful death cases. Understanding what damages are recoverable helps families assess the full value of their claim.
Economic Damages
Economic damages compensate for measurable financial losses. Medical expenses incurred before death are recoverable, including hospital bills and physician fees. Funeral and burial costs represent another category of economic damages. Lost wages and income the deceased would have earned over their lifetime constitute a significant portion of economic damages. Loss of benefits such as health insurance and retirement contributions also factor into economic damages.
Non-Economic Damages
Non-economic damages address intangible losses. Loss of society and companionship compensates for the deceased’s absence from family life. Loss of guidance and advice recognizes the deceased’s role in providing wisdom and mentorship. Emotional distress encompasses the mental anguish and grief surviving family members experience. Wisconsin Statutes § 895.04(4) caps non-economic damages at $500,000 for a deceased minor and $350,000 for a deceased adult.
Comparative Fault Considerations
Wisconsin follows a modified comparative negligence rule under Wisconsin Statutes § 895.045. If the deceased was partially at fault for the incident causing their death, damages are reduced by their percentage of fault. However, if the deceased was more than 50% at fault, the family cannot recover damages under Wisconsin’s 51% bar.
Why Choose Pemberton Personal Injury Law Firm?
Families in Sun Prairie need attorneys who understand both the legal complexities of wrongful death claims and the emotional challenges families face.
Experience You Can Trust
Pemberton Personal Injury Law Firm was founded by Attorney William Pemberton after he witnessed how insurance companies prioritize profits over people. His experience working for insurance defense firms provided valuable insight into their strategies. We have successfully represented families in complex wrongful death cases involving car accidents, pedestrian accidents, and nursing home abuse.
Thorough Investigation and Case Building
We conduct thorough investigations to build the strongest possible case. Our team collects accident reports, medical records, witness statements, and expert opinions. We work with accident reconstruction specialists, medical experts, and economists who can provide credible testimony. We handle all aspects of the legal process, allowing families to focus on healing.
Contingency Fee Representation
We work on a contingency fee basis, meaning clients pay no attorney fees unless compensation is recovered on your behalf. This arrangement ensures every family can access experienced legal representation regardless of their financial situation. We advance all case expenses, including expert witness fees and court costs.
Seek Justice for Your Wrongful Death Case With Pemberton Personal Injury Law Firm
Losing a loved one due to someone else’s negligence creates pain that no legal action can fully remedy. Pursuing a wrongful death claim can hold negligent parties accountable and provide financial resources to help families rebuild their lives.
Time is critical in wrongful death cases due to Wisconsin’s strict filing deadlines. If you have lost a loved one due to someone else’s negligence in Sun Prairie, reach out to our team at Pemberton Personal Injury Law Firm to discuss your legal options during a free case evaluation.Â
