Wisconsin Wrongful Death Lawyer

Who has the right to recover for a wrongful death in Wisconsin?

In Wisconsin, the recovery belongs to family members in an order set by statute. A surviving spouse or domestic partner generally comes first, followed by children and then other relatives such as parents.

The claim may be brought by the personal representative of the estate or by the family member entitled to the recovery. When minor children survive, part of the recovery may be set aside for their support. Understanding who is entitled to recover helps avoid family disputes and makes sure the claim is brought by the right person.

What damages can a Wisconsin family recover?

Wisconsin allows recovery for both financial and personal losses, but it limits the amount for loss of society and companionship.

• Lost financial support the person would have provided
• Lost services, such as household help and child care
• Loss of society and companionship, subject to a statutory limit
• Medical expenses from the final injury
• Funeral and burial costs

Because the companionship damages are limited, documenting lost income, benefits and services is especially important in Wisconsin. Economists and vocational experts often help measure these losses.

What is the difference between a survival claim and a wrongful death claim?

They are separate claims. A wrongful death claim compensates the family for their own losses, while a survival claim belongs to the estate and covers losses the person suffered before death.

Survival damages can include medical bills, lost wages before death and the pain and suffering the person consciously experienced. Bringing both claims together ensures all losses are counted. Medical records, first responder reports and witness statements help show what the person went through.

How does shared fault affect a Wisconsin wrongful death claim?

The family's recovery is reduced by the share of fault assigned to the person who died. If that person's negligence was greater than a defendant's, there is no recovery against that defendant.

Here is a worked example. A pedestrian is killed crossing a Milwaukee street at night by a driver who was speeding. The family's economic and other damages are estimated at $900,000. The driver's insurer argues the pedestrian crossed mid-block in dark clothing.

• If a jury finds the pedestrian 30% at fault, the family recovers $630,000.
• If a jury finds the pedestrian 50% at fault, the family recovers $450,000.
• If a jury finds the pedestrian 60% at fault, the family recovers nothing from the driver.

Speed, lighting, the driver's attention and crosswalk location are often the deciding evidence.

How long does a Wisconsin family have to file?

Many Wisconsin wrongful death claims must be filed within 3 years, but deadlines for some death claims, including those arising from motor vehicle crashes, can differ. Confirm the deadline for your situation early rather than assuming the longest period applies.

If a government vehicle or public property was involved, a written notice of injury is generally due within 120 days, and Wisconsin limits recovery from governmental bodies. If the death resulted from medical malpractice, the malpractice deadlines and cap apply. Our Wisconsin medical malpractice page explains those rules.

A few practical steps help protect the claim while the family grieves:

1. Order several certified copies of the death certificate.
2. Keep medical bills, funeral receipts, pay stubs and tax returns together.
3. Save photos, messages and videos that show the person's role in the family.
4. Write down the names of witnesses, officers and treating providers.
5. Avoid signing releases or giving recorded statements to an insurer before getting advice.

Is a criminal case the same as a wrongful death claim?

No. A criminal case is brought by the state to punish a crime, such as homicide by intoxicated use of a vehicle. A wrongful death claim is a civil case brought on behalf of the family to recover compensation.

The civil case uses a lower standard of proof, so a family can succeed even without a criminal conviction. A conviction can help, but families should not wait for the criminal case to end, because the civil deadline keeps running. Read more on our wrongful death page. If the death happened in a highway crash, our truck accidents page explains how commercial cases are built. For other statewide rules, visit our Wisconsin injury law hub. We offer a free case review, and there is no fee unless we win.