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When someone dies due to another party’s negligence or wrongful actions, surviving family members often face emotional devastation and financial uncertainty. Under Wisconsin Statutes § 895.03 and § 895.04, certain family members may have the right to pursue compensation through a wrongful death claim.
At Pemberton Personal Injury Law Firm, our Wisconsin wrongful death lawyers understand the weight of losing a loved one and the importance of holding negligent parties accountable. Our Sun Prairie personal injury attorneys have secured substantial compensation for families in serious and emotionally complex wrongful death cases throughout Sun Prairie and the surrounding communities.
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.
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.
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.
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 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.
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.
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 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 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.
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.
Families in Sun Prairie need attorneys who understand both the legal complexities of wrongful death claims and the emotional challenges families face.
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.
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.
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.
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.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$33M+ 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.
“If you ever need an attorney, he would be the first one I recommend”
“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”
