Trusted Wisconsin Wrongful Death Lawyers

We Represent Family Members Seeking Civil Justice

It does not take much for an accident to turn deadly. A moment of carelessness by a driver can lead to a fatal car crash. A customer shopping at the store can slip and fall and sustain a blow to the head that kills them. A nursing home patient may pass away as a result of the facility’s abuse or neglect.

When someone is harmed by the negligence of others, they can file a personal injury lawsuit to recover monetary damages as compensation; however, the dead cannot sue. Rather, it is left to their estate and surviving family members to take legal action on their behalf. At Fitzpatrick, Skemp & Butler, LLC, we are Wisconsin wrongful death attorneys who can advise you if you have recently lost a family member in these kinds of circumstances. We understand this is a traumatic time for you and your family; we will make every effort to obtain appropriate compensation so that you can begin the healing process.

Our experienced wrongful death attorney team understands how hard it is when a person dies due to someone else’s negligence. Working with a dedicated personal injury attorney from our law firm gives your family trusted support during this hard time. We offer a free case evaluation to help you understand your legal options and pursue justice.

How Wrongful Death Claims Work

Wisconsin law defines wrongful death as any death “caused by a wrongful act, neglect, or default.” Any cause that would have allowed the victim to file a personal injury claim had they survived may form the basis of a wrongful death lawsuit. This definition makes clear that wrongful death is not limited to deaths caused by accidents or negligence. It also includes intentional–i.e., criminal–acts such as murder or manslaughter.

Some other common types of wrongful death claims in Wisconsin include:

• Auto Accidents
• Bicycle Accidents
• Dog Bites & Animal Attacks
• Medical Malpractice
• Pedestrian Accidents
• Nursing Home Abuse & Neglect
• Slip and Fall Accidents

Because wrongful death is a civil matter in Wisconsin, the burden of proof is by a “preponderance of the evidence” rather than “beyond a reasonable doubt,” the latter being the standard in criminal prosecutions. This is a critical difference. It means that the families of a wrongful death victim do not have to prove that a defendant’s actions rose to the level of a deliberate or criminal act. It is enough to show the defendant engaged in conduct that was reckless, negligent, or simply showed indifference to the safety of others.

Since wrongful death cases are part of the civil justice system, they do not implicate any “double jeopardy” rights the defendant may have concerning a criminal prosecution. To put it another way, you can still file a wrongful death lawsuit against someone even if they were already tried and acquitted in a criminal case arising from the same fatality. For that matter, you can bring a wrongful death claim against someone even if they were never criminally investigated or charged.

Who Can File a Wrongful Death Claim?

In Wisconsin, the only parties that have the legal right to file a wrongful death lawsuit are the personal representative of the victim’s estate or the person “to whom the amount recovered belongs, that is to say, the beneficiaries of the wrongful death claim. This rule helps ensure that only authorized people bring a legal claim after a loss. When multiple family members wish to seek justice, the personal representative coordinates the wrongful death action.

If the victim has a surviving spouse or domestic partner, they have priority to bring a lawsuit. If the deceased had no spouse or partner, then the order of priority to serve as a wrongful death plaintiff goes as follows: Other legal guardians or eligible relatives may also step in, depending on the circumstances.

• the children or grandchildren of the deceased;
• the parents of the deceased;
• the grandparents of the deceased; and
• the siblings of the deceased.

It is also important to note that if there is a surviving spouse or domestic partner and any minor children who survived the victim, a Wisconsin court is legally required to set aside a portion of any wrongful death award for the benefit of those minor children. There is no one-size-fits-all approach to such set-asides. The statute requires the court to look at a variety of factors, including the ages of the minor children, the amount of money involved, and the “capacity or integrity” of the surviving spouse or partner. In any case, the set-aside amount cannot be more than 50 percent of the amount of the wrongful death award less certain expenses.

What Damages Are Available in a Wrongful Death Case?

Again, it is important to emphasize that wrongful death is a civil matter. The goal is not to impose any sort of criminal sanction on the defendant, such as prison, even if the actions that led to the victim’s death were intentional or constituted a crime under Wisconsin law. Instead, a wrongful death case aims to recover monetary damages for the estate and the next-of-kin entitled to compensation under the law.

Some of the more common damages we obtain for our clients in these cases include:

•    The victim’s final medical expenses arising from the defendant’s wrongful acts.
•    The costs of the victim’s funeral, burial, or cremation.
•    Compensation to account for the loss of the victim’s financial support, i.e., the wages and other income they would have earned up through their retirement had they continued to live and work normally.
•    Compensation for the loss of the victim’s “society and companionship.”

Concerning this last category, loss of society and companionship, Wisconsin law does impose certain limitations. Under current state law, a court cannot award more than $500,000 in such damages if the victim was a minor (a child under the age of 18) or $350,000 if they were an adult at the time of death. In addition, punitive damages are not available in Wisconsin wrongful death lawsuits.

Financial compensation is separated into two main categories in Wisconsin wrongful death cases. Pecuniary damages cover direct economic losses like funeral expenses, burial expenses, and medical expenses related to care before passing. Non-pecuniary damages cover emotional loss and companionship, but state law caps these amounts, while pecuniary damages have no limit.

Wrongful Death and Survival Claims

In some Wisconsin wrongful death cases, the personal representative of the victim’s estate may also have standing to bring what is called a survival claim. A survival claim is meant to obtain compensation for the victim’s losses between the date of their injury and the date of their death. This may include any or all of the following:

• The victim’s medical bills incurred between the injury and their death.
• The victim’s lost income incurred between the injury and their death.
• Non-economic damages compensate the victim for their pain and suffering, emotional distress, and loss of quality of life between the injury and their death.

Unlike the caps on compensation for the family’s loss of society and companionship in a wrongful death claim, there is no limit on the amount of non-economic damages that may be awarded in a survival claim. This allows surviving family members to seek compensation for the deceased person’s suffering before death occurred. An experienced wrongful death attorney can guide you through filing both actions together.

Bringing a survival claim along with a wrongful death suit helps families recover compensation for all losses. Money recovered from a survival claim goes directly to the deceased person’s estate before distribution. Our law firm works to build a strong negligence claim to make sure the at-fault party is held fully responsible.

How Long Do You Have to File a Wrongful Death Claim?

Civil lawsuits have a statute of limitations. This is a legal deadline for filing a lawsuit in court. It does not mean you have to complete or settle the case within that deadline; however, you must file your claim before the limitation period expires. Otherwise, a judge is usually barred from even allowing your case to proceed any further.

The statute of limitations for wrongful death claims in Wisconsin is complicated. If the wrongful death was the result of a car accident or was the result of any other kind of negligence or wrongful act, the statute of limitations is two years. For most general negligence cases, families have three years from the date of discovery to file. However, if the fatal injury involved a motor vehicle accident, you only have two years to take action.

With few exceptions, the “clock” starts to run on the statute of limitations on the date of the accident or injury that caused the victim’s death. Missing this key timeline means the victim’s family loses the right to seek fair compensation in court. It is important to talk with wrongful death lawyers in Wisconsin as early as possible to preserve your rights.

How Evidence Builds a Successful Wrongful Death Claim

Building a strong case requires gathering clear proof right after a loved one’s untimely passing. Lawyers for wrongful death collect police reports, safety records, and electronic data to prove who was at fault. Having strong evidence makes it much easier to negotiate with insurance companies for fair recovery.

In many wrongful death cases, expert testimony is necessary to explain complex medical or technical details. Experts help show how the accident happened and explain the full financial impact on the family. Combining medical records with expert opinions creates a solid foundation for your civil claim.

A successful wrongful death claim can secure wrongful death compensation to support your family’s future. Our law firm works on a contingency fee basis, so you do not pay legal fees unless compensation is recovered. This allows families to pursue justice without worrying about upfront costs.

FAQs: Wrongful Death in Wisconsin

What Is the Difference Between a Criminal Case and a Wrongful Death Lawsuit in Wisconsin?

A criminal case is brought by the state to punish a wrongdoer with jail or fines, while a wrongful death suit is a civil action filed by family members to seek financial compensation. Criminal charges require proof beyond a reasonable doubt, but civil claims use a lower burden of proof called a preponderance of the evidence. You can still file a civil claim even if no criminal charges were filed or if the defendant was acquitted in criminal court.

How Much Does It Cost to Hire a Wisconsin Wrongful Death Attorney?

Most Wisconsin wrongful death lawyers handle claims on a contingency fee arrangement. This means you do not pay any upfront legal fees or out-of-pocket costs to start your case. Your attorney only gets paid a percentage of the money recovered if they win a wrongful death settlement or trial award for you.

Are There Damage Caps on Wisconsin Wrongful Death Settlements?

Wisconsin law places caps on non-economic damages, limiting loss of companionship to $350,000 for adult victims and $500,000 for minor victims. However, there is no state limit on pecuniary damages such as medical expenses, funeral expenses, or lost future earnings. Working with a Wisconsin wrongful death attorney helps ensure your family seeks the maximum compensation allowed by law.

What Evidence Is Needed to Prove Negligence in a Wrongful Death Case?

Proving negligence requires showing that the defendant owed a duty of care, breached that duty, and caused the fatal injury. Important evidence includes official accident reports, medical records, physical evidence from the scene, and witness testimony. An experienced wrongful death attorney uses these items to show how the death involved another party’s negligence.

Can Multiple Family Members Seek Compensation in a Wrongful Death Claim?

Yes, Wisconsin permits multiple family members to receive compensation from a single lawsuit. The personal representative or primary claimant recovers funds that are distributed according to statutory rules to surviving spouses, children, or parents. A court will ensure that minor children receive a protected share of any final settlement or judgment.

Speak with a Wisconsin Wrongful Death Attorney Today

The last thing on many family members’ minds following a sudden death is the need to call a lawyer or think about filing a wrongful death lawsuit; but given the relatively short timeframe to bring such claims, and the potential complexity of proving a defendant’s responsibility for the victim’s death, it is important to engage a qualified Wisconsin wrongful death lawyer as soon as possible.

Remember, even if you are 100 percent convinced that someone caused your loved one’s death, you still need to prove it in court,  and building a case takes time and legal expertise. Ideally, by working with a qualified attorney, you can build a case strong enough to compel the defendant their insurance company, to settle rather than take their chances with a jury.

At Fitzpatrick, Skemp & Butler, LLC, we know this process intimately. We have taken cases to trial and won judgments against the defendant and we have obtained substantial settlements in other cases before they proceed to trial. The bottom line is that it is our job to obtain results for you and your family.

 If you are worried about the potential costs of a wrongful death lawsuit, please note that we never charge our clients any fees unless we win. There is also no obligation or commitment involved in simply sitting down with us so we can learn more about your case. If you would like to schedule a free consultation, contact us today. We proudly serve clients in La Crosse, Onalaska, Eau Claire, and other parts of both Wisconsin and Minnesota.