What Is a Wrongful Death Claim in Wisconsin
A wrongful death claim arises when a person dies because of another's negligent or wrongful act — a car or truck crash, medical error, defective product, or workplace accident. Wisconsin's wrongful death statute (Wis. Stat. § 895.03) allows certain survivors to pursue compensation for the loss caused by the death.
Who Can File in Wisconsin
Wisconsin law sets a hierarchy of who may bring a wrongful death claim: typically the surviving spouse or domestic partner, then children, then parents or siblings. The deceased's personal representative often files on behalf of the beneficiaries. An attorney can clarify who has standing in your family's situation.
Damages Available
Wisconsin wrongful death damages can include medical and funeral expenses, loss of the deceased's expected financial support, and loss of society and companionship. Wisconsin caps loss-of-society-and-companionship damages by statute — currently 350,000 dollars for an adult's death and 500,000 dollars for the death of a minor — though economic damages such as lost support are not capped in the same way.
The Survival Action
Separate from the wrongful death claim, Wisconsin allows a 'survival action' brought by the estate to recover for the pain, suffering, and expenses the deceased experienced before death. Pursuing both claims together can maximize the recovery available to a grieving family. A compassionate attorney can guide you through both.
Injured in Wisconsin? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Generally the surviving spouse or domestic partner, then children, then parents or siblings, often through the estate's personal representative.
Loss of society and companionship is capped by statute, but economic damages such as lost financial support generally are not.
Wrongful death claims generally must be filed within three years, but deadlines vary, so consult an attorney promptly.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Wisconsin attorney.