Losing a loved one to someone else’s careless or reckless actions is among the most devastating experiences a family can face. In those moments, grief is overwhelming, and the legal process can feel impossibly complex. Surviving family members have the right to pursue compensation for the losses they have suffered, but navigating a wrongful death claim while managing the weight of loss requires experienced legal guidance. Families in the Waunakee area deserve attorneys who will treat their cases with the seriousness, compassion, and dedication they require.
At Pemberton Personal Injury Law Firm, we understand that no legal outcome can undo what has happened to your family. What we can do is stand in your corner, carry the burden of the legal process with you, and fight aggressively for the full compensation your family deserves. We serve clients throughout the Waunakee area as part of our broader commitment to representing injured and grieving families across Wisconsin. Our attorneys prepare every case as if it is going to trial, and we never settle for what is easy when more is within reach.
What Is a Wrongful Death Claim in Wisconsin?
A wrongful death claim is a civil legal action brought on behalf of a deceased person’s surviving family members when that person’s death was caused by the negligent, reckless, or intentional conduct of another party. Unlike criminal charges, which are pursued by the government, a wrongful death claim is filed by the family and seeks monetary compensation for the losses they have endured. Wisconsin’s wrongful death statute, found under Wis. Stat. § 895.04, outlines who may file a claim and what damages may be recovered.
Wrongful deaths in Wisconsin arise from a wide range of circumstances, including car and truck accidents, motorcycle collisions, slip and fall incidents, medical malpractice, workplace accidents, and product defects. According to the CDC’s National Center for Health Statistics, unintentional injuries are among the leading causes of death in the United States, and many of those deaths involve circumstances in which another party bears legal responsibility. Identifying that responsibility and proving it in a legal claim requires a thorough investigation and an attorney who knows how to build a compelling case.
Who Can File a Wrongful Death Claim in Wisconsin?
Wisconsin law specifies which family members have the right to file a wrongful death claim. In Wisconsin, the claim may be brought by the personal representative of the deceased person’s estate or by the individual entitled to recover damages. In most cases, this includes a surviving spouse, domestic partner, children, or other close family members, depending on the specific circumstances. Understanding exactly who can file and in what order is an important first step in the legal process.
Our attorneys will help your family determine eligibility and guide you through each step of the filing process. We have helped many Wisconsin families understand how to prove wrongful death and meet the legal standards required for a successful claim.
Damages Available in a Wrongful Death Case
Families who pursue a wrongful death claim in Wisconsin may be entitled to recover a range of economic and non-economic damages. These damages are intended to compensate for both the financial and the deeply personal losses that follow a loved one’s death. The types of compensation available may include medical expenses incurred prior to death, funeral and burial costs, lost income and future financial support, and the loss of society and companionship.
In addition to financial losses, Wisconsin law allows a surviving spouse, children, and certain other family members to recover damages for loss of society and companionship. The value of a wrongful death claim depends on the specific facts of the case, the types of damages available, and any statutory limits under Wisconsin law, which is why it is critical to work with an attorney who understands how to properly evaluate and pursue these claims. To understand what compensation your family may be entitled to, reviewing our case results can give you a sense of what we have achieved for clients in similar situations.
Time Limits for Filing in Wisconsin
Families considering a wrongful death claim in Wisconsin should be aware that timing matters. The deadline to file a wrongful death lawsuit in Wisconsin depends on the type of case. While many claims must be filed within three years of the date of death, cases involving motor vehicle accidents may have a shorter two-year deadline, and claims involving medical negligence may be subject to different timing rules. There are important exceptions and nuances that can affect the applicable deadline, which is why it is critical to speak with an attorney as soon as possible rather than assuming you know how much time you have.
Acting promptly is always in your family’s best interest. Evidence can deteriorate, witnesses’ memories fade, and key documentation can become harder to obtain as time passes. Our blog post on the wrongful death statute of limitations provides additional context on these time restrictions. If a family member was killed in a car accident, we also have specific guidance on filing a wrongful death claim after a car accident that may apply to your situation.
