Wrongful Death Laws in Wisconsin
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A death of a loved one is always a tragedy, especially if the death was a result of another party’s negligence or misconduct.
Though no amount of compensation can bring back your loved one, we at Zinda Law Group wish to help you seek damages in the event of a wrongful death.
What Is a Wrongful Death Lawsuit in Wisconsin?
In Wisconsin, a wrongful death is a death caused by another person’s wrongful act or neglect. A wrongful death lawsuit is available if the deceased person could have filed a personal injury claim if he or she had survived. However, because the deceased person cannot file a lawsuit, another person must file in his or her place.
Who May File a Wrongful Death Claim in Wisconsin?
In Wisconsin, only family members or a personal representative of the deceased person’s estate may file a wrongful death claim. Family members include the surviving spouse, child, parent, and guardian.
However, no matter who files the claim, if the deceased had dependents such as a spouse, domestic partner, or child under the age of eighteen, a portion of the damages, if awarded, will be distributed to the dependents.
What Damages Are Available in a Wisconsin Wrongful Death Claim?
Two general categories of damages are available in a wrongful death claim:
- damages suffered by family members
- damages suffered by the deceased’s estate.
The first category includes monetary compensation for:
- the loss of companionship and the like
- the value of financial support family members would have received if the deceased was still alive
- the value of household services the deceased would have contributed to if he or she was still alive.
The second category includes monetary compensation for:
- the medical expenses related to the deceased’s death
- funeral and burial expenses
- lost wages and benefits.
How Long Do I Have to File a Wrongful Death Claim in Wisconsin?
Wisconsin’s statute of limitations states that a wrongful death claim must be filed within three years of when the injury that led to the death occurred or when that injury could have reasonably been discovered.
For instance, if an individual gets involved in a car accident, but dies due to injuries a year later, the statute of limitations begins to run on the date of the accident rather than on the date the individual dies. Therefore, if a claim is filed after three years has passed since the date of the accident, the court will unlikely the entertain the claim.
At Zinda Law Group, our personal injury attorneys are highly experienced in dealing with wrongful death claims nationwide. We have the knowledge and resources to help you build the strongest case possible and seek the maximum amount of damages.
We at Zinda Law Group sympathize with our clients who have lost loved ones due to a wrongful act or neglect of another. No amount of compensation can bring back your loved one, but you can be sure that Zinda Law Group will help you seek the maximum amount compensation from your wrongful death claim.
Meetings with attorneys are available by appointment only.