The people who can file a wrongful death lawsuit in Wisconsin include the personal representative of the deceased’s estate and specific family members such as the spouse, domestic partner, children, or parents of the deceased.
If there are no immediate family members available, other heirs or dependents, such as siblings, grandparents, and grandchildren, may be eligible under certain circumstances.
State laws governing wrongful death lawsuits are designed to ensure that the right individuals can pursue compensation for their loss. If you would like to help with understanding who can file a wrongful death lawsuit in Wisconsin, our Milwaukee wrongful death lawyer will help.
Who Has the Right to File a Wrongful Death Action in Wisconsin?
Under Wisconsin law, only certain individuals are eligible to file a wrongful death lawsuit. These include:
The Personal Representative of the Deceased’s Estate
Wisconsin law allows the personal representative (executor) of the deceased’s estate to file a wrongful death claim. This individual is typically named in the decedent’s will or appointed by the court if no will exists.
The personal representative acts on behalf of the deceased’s estate and surviving family members to ensure they get the compensation they deserve for their family member’s death.
Immediate Family Members
The decedent’s spouse, domestic partner, children, or parents may pursue wrongful death damages if the loss directly affects them. Priority is usually given to the spouse or domestic partner, but children and parents may also have standing under certain circumstances.
Other Heirs or Dependents
In rare cases, other heirs or dependents, such as siblings or grandchildren, may have the right to file a wrongful death claim if no immediate family members are available.
It’s important to note that wrongful death lawsuits can only be filed once. Therefore, family members and the personal representative must work together to ensure the claim is pursued efficiently and effectively.
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Recoverable Damages in Wisconsin Wrongful Death Lawsuits
In Wisconsin, those eligible to file a wrongful death lawsuit can seek compensation for various damages, including:
- Medical expenses: Costs incurred for the deceased’s treatment before death.
- Funeral and burial expenses: Necessary costs for the final arrangements for the deceased to rest.
- Loss of financial support: Compensation for income the deceased would have provided.
- Loss of companionship: Damages for the emotional and personal loss of the deceased’s presence.
- Pain and suffering: Compensation for the emotional distress caused by the wrongful death.
Wisconsin law also caps non-financial damages, such as loss of society and companionship. Under Wisconsin Statute § 895.04(4), these damages are limited to $500,000 for the death of a minor and $350,000 for the death of an adult.
These caps are intended to provide some consistency in compensation while recognizing the emotional impact of such losses. We will help you understand how these caps might apply to your case.
What Is the Statute of Limitations for Wrongful Death?
Wisconsin has two statute of limitations for wrongful death lawsuits, depending on the circumstances of the case:
Two-Year Statute of Limitations
If the wrongful death was caused by an incident such as a motor vehicle accident, the family or estate has two years from the date of the death to file a lawsuit.
This shorter time frame exists because lawsuits involving vehicle accidents typically rely on evidence, such as crash reports or witness statements, which can degrade over time.
Three-Year Statute of Limitations
For most other wrongful death actions, such as those involving medical malpractice or dangerous premises, the statute of limitations is three years from the date of the death. This slightly longer time frame allows for thorough investigations, which more complex cases can require.
Failing to file within the appropriate statute of limitations can result in losing your right to seek compensation. Because these deadlines vary based on the circumstances, you can consult our Milwaukee personal injury lawyers as soon as possible so that we can handle your family’s case properly.
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How Our Wrongful Death Lawyers Can Help With Your Case
Handling the legal process after losing a loved one can feel like a great deal to take on, especially when your family is grieving and needs time to take care of your relative’s final arrangements.
A wrongful death lawyer from our firm can take care of the legal work and fight for your family’s rights. We will give support and work to get the justice and money your family needs.
Our compassionate and wrongful death attorneys in Wisconsin can help you in several ways, including:
- Explaining your rights: Understanding Wisconsin’s wrongful death laws can be complex. We will explain your rights and legal options in easy-to-understand terms.
- Determining eligibility: Our lawyers will confirm who has standing to file a wrongful death lawsuit and guide you through the process.
- Building your case: Collecting evidence, interviewing witnesses, and collaborating with experts are critical steps we will handle for you.
- Negotiating with insurance companies: If the at-fault party’s insurer is involved, we will advocate for a fair settlement.
- Taking your case to court: If a settlement cannot be reached, we will pursue justice and compensation for your family at trial.
At such a painful time, having a dedicated advocate on your side can make all the difference. We will shoulder the legal burden so you can focus on healing and honoring your loved one’s memory.
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Call to Learn Who Can File Your Wisconsin Wrongful Death Lawsuit
Losing a loved one is hard enough—you shouldn’t face the insurance company alone without knowing your rights. If you’re wondering who can file a Wisconsin wrongful death lawsuit in your case, the experienced lawyers at Gruber Law Offices will handle your case.
Our firm, headquartered in Milwaukee, proudly serves communities throughout Wisconsin and has provided residents with legal care for over 40 years. With our contingency fee agreements, you pay nothing upfront, and there’s never a fee until we win.
We also offer free consultations to answer your questions and help your family move forward. Contact us today to get the legal help you need. One call…that’s all! We’re here for you.
Call or text 414-276-6666 or complete a Free Case Evaluation form
