The wrongful death statute of limitations in Wisconsin varies depending on the circumstances of the situation:
- General wrongful death cases: You have three years from the date of your loved one’s death to file a lawsuit.
- Motor vehicle accident cases: If the wrongful death resulted from a motor vehicle accident, the time limit is reduced to two years from the date of death.
These deadlines mean family members or representatives of the deceased’s estate must file their action within the specific time frame that applies in their case.
Not meeting this deadline could mean losing the right to seek damages from the liable party. If you don’t know how this timeline applies to your case, our compassionate Milwaukee wrongful death lawyers can promptly advise you. We will advise you on your legal options.
Where You Can Find the Statute of Limitations Laws Regarding Wrongful Death Case
The three-year statute of limitations deadline for wrongful death lawsuits in Wisconsin is outlined in Wisconsin Statute § 893.54(1m) for most personal injury cases. For those injury cases involving a motor vehicle, the two-year deadline can be found in Wisconsin Statute § 893.54(2m)
State courts strictly enforce these deadlines with limited exceptions, so filing your case on time is critical to preserving your right to pursue compensation. We will confirm that your case complies with these legal requirements and guide you through the process.
Exceptions to the Wrongful Death Statute of Limitations in Wisconsin
While the statute of limitations for wrongful death cases in Wisconsin is generally two or three years, specific exceptions can affect these deadlines. Here are key situations where the timeline may differ:
- Claims involving government entities: If the wrongful death occurred due to negligence by a government entity or employee, you may have to file a notice of claim within 120 days of the incident. This shorter timeline makes it critical to act quickly.
- Cases involving minors or special circumstances: If the wrongful death claim involves a minor or other unique factors, such as a delayed discovery of the cause of death, the statute of limitations may be tolled (paused) or adjusted.
Understanding how these exceptions apply to your case can be complex. Our Milwaukee wrongful death lawyers will determine the applicable deadlines and meet all of them.
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Why Is the Statute of Limitations Important in Wrongful Death Cases?
If you are filing a wrongful death action, you must follow the statute of limitations because:
- Timely filing protects your rights: If you miss the deadline, your claim will likely be dismissed, regardless of its merits.
- Preserving evidence: The longer you wait, the harder it may be to gather crucial evidence, such as witness testimony, medical records, or accident reports.
- Providing closure: Filing within the appropriate time frame ensures your family can pursue justice and move forward without unnecessary delays.
Who Can File a Wrongful Death Claim in Wisconsin?
Under Wisconsin law, the following individuals may file a wrongful death lawsuit:
- The deceased’s spouse or domestic partner.
- Children of the deceased.
- Parents of the deceased.
- The personal representative of the deceased’s estate.
If there is more than one eligible party, the court may decide how compensation is distributed. A Milwaukee personal injury lawyer can work with your family to ensure everyone’s rights and interests are protected.
We will clarify the statute of limitations and handle all legal aspects of filing your claim, giving you the time and space to focus on your family.
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Types of Damages in Wisconsin Wrongful Death Cases
In a wrongful death lawsuit, damages are divided into two main categories: economic and non-economic damages. Here’s a brief explanation of each:
Economic Damages
Economic damages are measurable financial losses directly resulting from the death of your loved one. These damages are intended to compensate for out-of-pocket costs and the financial support your family has lost.
- Funeral and burial expenses.
- Loss of financial support or future income.
- Medical bills related to the incident before death.
Non-Economic Damages
Non-economic damages are meant to address the emotional and intangible losses your family has suffered due to the death of your loved one. While harder to quantify, these damages reflect the deep personal effects of your loss.
- Loss of companionship, love, and care.
- Emotional pain and suffering experienced by the family.
Wisconsin law caps non-economic damages in wrongful death cases at $500,000 for a minor and $350,000 for an adult, as outlined in Wisconsin Statute § 895.04(4).
We will calculate the total value of your losses and include them in your claim.
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Our Lawyers Can Lead Your Wisconsin Wrongful Death Case
The emotional toll of losing a loved one can make navigating a legal process feel impossible to complete. That’s where our lawyers for wrongful death claims can help. Here’s how:
- Investigating the case: We will gather evidence, interview witnesses, and build a strong claim.
- Explaining your rights: We will ensure you understand your rights under Wisconsin law and the legal process ahead.
- Negotiating with insurance companies: Insurers may offer low settlements to grieving families. Our legal team will handle these negotiations and seek fair compensation for you and your family.
- Meeting deadlines: We will file your case within the statute of limitations and comply with all procedural requirements.
Choosing the right attorney for your case can make all the difference in holding the responsible party accountable and achieving justice for your loved one.
We Can File Your Wisconsin Wrongful Death Case on Time
When someone else’s negligence fatally harms someone, their family can review their options for holding the liable party responsible. However, time is of the essence when filing a wrongful death action.
The statute of limitations deadline in Wisconsin is typically two or three years from the date a person dies, depending on the situation. We can take action quickly and represent you in talks with the insurance company, which we will handle for you. You shouldn’t take them on alone.
Losing a loved one is one of life’s hardest challenges, and managing a lawsuit to recover damages shouldn’t add to your burden. Let Gruber Law Offices and our team of over 130 legal professionals fight for your family’s rights and help you take the first step toward justice.
Headquartered in Milwaukee, our team has over 40 years of experience fighting for clients all across Wisconsin. Call us today for a free consultation. All it takes is One call…that’s all!
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