Losing a loved one because of someone else’s careless or wrongful actions is one of the hardest things a family can go through. On top of the grief, families often face medical bills, funeral costs, and the sudden loss of income. If your loved one’s death was caused by another person’s or entity’s negligence, Wisconsin law gives certain people the right to file a wrongful death lawsuit to seek compensation.
But who exactly can file? And what happens after a claim is made? Here is what Wisconsin families need to know.
What Is a Wrongful Death Lawsuit?
Under Wisconsin law, specifically Wis. Stat. § 895.03, a wrongful death occurs when a person dies because of another party’s negligent or wrongful actions. The idea is simple: if the victim had survived, they could have filed a personal injury claim. Since they did not survive, the law allows others to file on their behalf.
Wrongful death cases can come from a wide range of situations, including car accidents, truck accidents, medical malpractice, slip and fall incidents, workplace accidents, dangerous or defective products, and criminal acts such as assault or homicide. No matter the cause, the goal of the lawsuit is to get fair compensation for the people who suffered the most from the loss.
Who Has the Right to File a Wrongful Death Lawsuit in Wisconsin?
Wisconsin gives filing rights to more than just one person. Both a personal representative of the deceased’s estate and certain family members may file. Here is how those categories break down.
The Personal Representative of the Estate
The personal representative, sometimes called the executor, is named in the deceased’s will. If no will exists, the court appoints one. This person has the legal authority to file a wrongful death claim on behalf of the estate and the surviving family members. They work to make sure that those who are owed compensation actually receive it.
Immediate Family Members
Certain close family members also have standing to file. These include the deceased’s spouse or domestic partner, children, and parents. Priority in compensation is typically given to the spouse or domestic partner first. Children and parents may also have the right to file depending on the specific circumstances of the case.
Other Heirs and Dependents
In cases where no immediate family members are available, other relatives may be eligible to file. This includes siblings, grandchildren, and grandparents. These situations are less common, but the law does allow for them when the facts support it.
Here is the full priority order for who can file and receive compensation in Wisconsin:
- Spouse or domestic partner of the deceased
- Children of the deceased
- Grandchildren of the deceased
- Parents of the deceased
- Grandparents of the deceased
- Siblings of the deceased
One important thing to know: a wrongful death lawsuit can only be filed once. That means all eligible family members and the personal representative need to work together to make sure the case is handled properly and everyone’s interests are covered.
Who Cannot File a Wrongful Death Lawsuit?
Not everyone is allowed to file. Someone who played a role in causing the death, such as in a domestic violence situation, cannot file a claim. Extended family members such as cousins, friends of the deceased, and others who do not fall within the recognized group of family members also do not have the right to file. Additionally, a person at a higher tier of the priority list cannot simply step aside to hand their compensation down to someone lower on the list.
What Damages Can Be Recovered?
Wisconsin wrongful death law is set up to compensate survivors for what they have lost, not to punish the wrongdoer. In most cases, damages are not punitive. The exception is product liability cases, where punitive damages may apply. Outside of that, the law focuses on making survivors as financially whole as possible.
Recoverable damages may include:
- Medical expenses from the treatment the deceased received before death
- Funeral and burial costs
- Lost wages, income, and future earning potential the deceased would have provided
- Loss of inheritance
- Legal costs and fees tied to the lawsuit
- Loss of society and companionship
On that last point, Wisconsin law places a cap on non-economic damages such as loss of society and companionship. Under Wisconsin Statute § 895.04(4), those damages are limited to $350,000 for the death of an adult family member or partner, and $500,000 for the death of a minor child.
What Is the Statute of Limitations for Wrongful Death in Wisconsin?
Wisconsin has two separate deadlines for filing a wrongful death lawsuit, and which one applies depends on how the death occurred.
Two-Year Statute of Limitations
If the death resulted from a motor vehicle accident, the family or estate has two years from the date of death to file a lawsuit. This shorter window exists because car accident cases depend heavily on time-sensitive evidence like crash reports, accident scene details, and witness statements, all of which can become harder to use the longer you wait.
Three-Year Statute of Limitations
For most other types of wrongful death cases, including those involving medical malpractice or dangerous premises, the deadline is three years from the date of death. This slightly longer period gives families more time to gather records, work with investigators, and build a thorough case.
Missing either deadline means losing your right to pursue compensation entirely. The court will dismiss the case, no matter how strong it might have been. This is why it matters so much to speak with an attorney as soon as possible after a loved one’s wrongful death.
How a Wrongful Death Attorney Can Help
Going through the loss of a loved one is hard enough without also trying to understand Wisconsin’s legal system. A wrongful death attorney can take the legal work off your plate so your family can focus on grieving and healing. Here are some of the ways an attorney can help:
- Explaining your rights under Wisconsin law in plain terms
- Confirming who has standing to file a wrongful death claim in your specific case
- Gathering evidence, interviewing witnesses, and working with experts to build your case
- Handling all communication and negotiations with insurance companies
- Taking your case to trial if a fair settlement cannot be reached
Having an experienced attorney on your side also means important deadlines will not be missed. A good attorney will keep track of every step of the process and make sure your family’s rights are fully protected.
Talk to a Wisconsin Wrongful Death Attorney at Fitzpatrick, Skemp & Butler
If you lost a loved one due to someone else’s negligence, you should not have to face the insurance company and the legal system on your own. Fitzpatrick, Skemp & Butler has helped Wisconsin families seek justice after wrongful deaths, and we are ready to help yours. We will listen to your story, explain your options, and fight for the compensation your family deserves. Call us today at 608-784-4370 to schedule a free consultation. Time matters in these cases, so do not wait to get the help you need.