Losing someone you love in a preventable accident is devastating. In Wisconsin, wrongful death laws provide a legal path for families to hold the responsible party accountable and recover compensation for their losses. These laws aim to ease the financial and emotional burden after a fatal incident caused by negligence, recklessness, or intentional harm.
Who Can File a Wrongful Death Claim in Wisconsin?
In Wisconsin, a personal representative of the deceased person’s estate is typically the one who files the wrongful death lawsuit. If the deceased was a minor, the parents or legal guardians may file. Any damages recovered will be distributed to the deceased’s spouse, children, parents, or other close relatives, depending on the family structure and level of dependency.
What Constitutes a Wrongful Death?
A wrongful death occurs when someone is killed because of another person’s or entity’s negligent, reckless, or intentional act. Common examples include:
- Fatal car or truck accidents
- Medical malpractice
- Workplace injuries
- Dangerous or defective products
- Unsafe premises or slip-and-fall injuries
- Acts of violence
If the deceased could have filed a personal injury claim had they survived, their surviving family may bring a wrongful death action.
Types of Compensation Available
Wisconsin law allows survivors to pursue a wide range of damages, including:
- Funeral and burial costs
- Medical expenses related to the fatal injury
- Loss of financial support and future income
- Loss of society and companionship (subject to statutory caps)
- Emotional distress of close relatives
- Loss of care, services, or guidance the deceased would have provided
In cases of egregious conduct, punitive damages may also be awarded to punish the wrongdoer.
Time Limits for Filing
The statute of limitations for wrongful death lawsuits in Wisconsin is generally three years from the date of the deceased person’s death. However, if the death was caused by a motor vehicle accident, the limit is two years. Missing this deadline may result in losing your right to file a claim.
Wrongful Death and Car Accidents in Wisconsin
Car accidents are among the most frequent causes of wrongful death across the state. If your loved one died in a crash caused by a negligent driver—such as someone who was drunk, distracted, or speeding—you may have a right to seek compensation.
Wisconsin uses a modified comparative negligence rule. As long as the deceased was less than 51% at fault, the estate and survivors can recover damages. However, the total award may be reduced according to the deceased’s percentage of fault.
Fatal Work Accidents and Third-Party Claims
When someone dies on the job, workers’ compensation death benefits may help cover basic expenses. But if another party—such as a contractor, driver, or equipment manufacturer—was also responsible, you may have a separate wrongful death claim in civil court.
Frequently Asked Questions About Wrongful Death in Wisconsin
Can emotional suffering be compensated?
Yes. Wisconsin allows for compensation for the emotional pain of losing a loved one, although damages for loss of society and companionship are subject to statutory caps depending on the relationship.
What if there is no surviving spouse or children?
If no immediate family members survive, the court may award damages to parents, siblings, or other relatives who were financially or emotionally dependent on the deceased.
Is there a difference between criminal charges and wrongful death?
Yes. A wrongful death lawsuit is a civil action focused on financial compensation, while criminal charges are filed by the state and can result in jail time or fines. A civil claim can be pursued even if no criminal charges are filed.
Who decides how damages are distributed?
If the case goes to trial, a jury may determine how the damages are distributed. If settled out of court, the parties involved and their attorneys can negotiate how compensation is shared among the eligible beneficiaries.
Talk to a Wisconsin Wrongful Death Attorney
If you’ve lost someone in an accident caused by someone else’s negligence or wrongdoing, you have rights. A wrongful death lawyer in Wisconsin can help you understand your legal options, guide you through the process, and work toward a fair outcome for your family. Reach out today to schedule a free consultation and get the support you need during this difficult time.