Wrongful death can occur unexpectedly in any location. These fatal injuries can stem from intentional acts or accidental events like those you see often in the news. If you lose a loved one because of someone else’s conduct, answers to questions you might have about the laws that apply are below.
Typical Questions Regarding Wrongful Death
What is wrongful death?
A wrongful death occurs when one or more individuals or businesses act or fail to act and, as a result, someone passes away. The fatality can happen due to negligence, such as a surgical error or a car accident, or by intentional conduct, such as a shooting or beating. A product with a design or manufacturing defect can also cause wrongful death.
Who can bring a claim?
Under Wisconsin law, either the deceased person’s personal representative or the person who is entitled to receive the compensation can bring a claim for the fatality. Potential claimants include the deceased person’s spouse, domestic partner, children, and brothers and sisters.
How much time do I have to file a lawsuit?
Generally, under Wisconsin’s statute of limitations, if the wrongful death claim arises out of a motor vehicle accident, you have to bring it within two years of the individual’s passing. In other circumstances, including medical malpractice, you must file the claim or lawsuit within three years of death.
Are there exceptions to the time limits?
Yes. Other factors can affect the time limit, such as when the cause of the injury was discovered in medical malpractice or product liability cases. The best way to know the statute of limitations dates for your claim is to consult an experienced personal injury attorney.
If you lose a loved one to wrongful death, the lawyers of Fitzpatrick, Skemp & Associates, LLC in La Crosse, WI, are equipped to help you. Skilled and compassionate, these personal injury attorneys offer more than 100 years of combined experience. Since founding their practice in 1982, these attorneys have obtained more than $90 million for their clients throughout Western Wisconsin, the Coulee Region, and the Driftless Area. Visit their website to learn more about their verdicts and settlements. Call (877) 784-1230 today to schedule a free consultation.