A wrongful death claim is a civil lawsuit that is brought when the negligence or the intentional act of a person or entity causes someone’s death. Wrongful deaths can occur from many types of accidents. For example, if an individual dies in a car accident caused by another driver, a poorly maintained highway, or a defective vehicle, the family may have a claim. Other examples of viable civil suits could involve:
- Construction or workplace accidents,
- Nursing home negligence,
- Pedestrian accidents, or
- A slip and fall.
After the loss of a loved one, it can be very difficult to reach out and receive the assistance you deserve. But the events that caused the death of your loved one may have the right to bring a cause of action on the behalf of that person. If someone you love has recently died after an accident, call the experienced Kenosha wrongful death lawyers at Wittmeyer Injury & Accident Attorneys today for a free consultation.
Filing a Wrongful Death Claim
States generally set specific rules governing who may file a wrongful death claim. In Wisconsin, the following parties may file a civil lawsuit:
- the personal representative of the deceased person’s estate;
- the surviving spouse, domestic partner, child, parent, or guardian of the deceased person.
In other words, the estate will seek to hold the other party responsible for the decedent’s injuries. A decedent is the legal term for the deceased person. They will seek to recover the compensation the decedent would have deserved had they lived. If you have any questions regarding who the personal representative would be or if you are confused about the wrongful death claims process, contacting an experienced attorney in Kenosha could help you navigate through these hard times.
Additionally, if a deceased person left behind a spouse, domestic partner, or adult child, the court must set aside a portion of any damages for the care of the deceased person’s dependents.
What’s more, it is important to understand that claims of actions have statutes of limitations. You must file a claim before that date. In this case, a wrongful death claim must be filed within three years.
Suite 101 Kenosha , WI 53140
What Are Recoverable Damages for Fatal Accidents?
Damages available in a wrongful death claim might include monetary compensation for:
- Medical expenses incurred as a result of the negligent act that caused death,
- Funeral and burial expenses,
- Financial losses, (i.e. lost wages and income the deceased person would have earned), and
- Damages tied to loss of society and companionship.
Damages for loss of society and companionship may be awarded to a spouse, children, siblings, or parents of the deceased. Those damages are limited to $500,000 per person in the loss of a child and $350,000 per person in the loss of an adult. If a jury finds damages in excess of these limits, a court will reduce the damages to these amounts. Additionally, damages can be reduced if the deceased person was found negligent. This would be known as contributory negligence.
Contact Our Kenosha Wrongful Death Attorneys Today
If you lost a loved one because of someone else’s actions, then you may have the right to seek compensation for you, their estate, and your other family members. The skilled attorneys at Wittmeyer Injury & Accident Attorneys could meet with you for a free consultation and they work on a contingency fee basis. Contact a Kenosha wrongful death lawyer whenever you feel ready.
Frequently Asked Questions
Under Wisconsin Statute § 895.03, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party. If the deceased person would have been entitled to file a personal injury lawsuit had they survived, surviving family members or the estate can file a wrongful death claim.
Suite 101 Kenosha , WI 53140
In Wisconsin, a wrongful death action may be brought by the personal representative of the deceased person’s estate or directly by surviving relatives. Priority is given to the surviving spouse or domestic partner, minor children, adult children, and the deceased individual’s parents.
Suite 101 Kenosha , WI 53140
A wrongful death claim compensates surviving family members for losses resulting from their loved one’s death (such as loss of financial support and companionship). A survival action (Wis. Stat. § 895.01) is brought by the estate to recover damages the deceased suffered before passing, such as pre-death pain, suffering, and medical bills.
Suite 101 Kenosha , WI 53140
Surviving family members can recover economic damages, including funeral and burial costs, medical expenses incurred prior to death, lost financial earnings, and loss of inheritance. You may also recover non-economic damages for the loss of society, companionship, and emotional support.
Suite 101 Kenosha , WI 53140
Yes. Wisconsin law caps non-economic damages for loss of society and companionship at $500,000 for the death of a deceased adult and $750,000 for the death of a deceased minor child. There are no statutory limits or caps placed on economic damages such as medical bills, funeral expenses, or lost future income.
Suite 101 Kenosha , WI 53140
In Wisconsin, the statute of limitations for filing a wrongful death lawsuit resulting from a motor vehicle accident is three years from the date of death. For wrongful death caused by medical malpractice or other non-auto negligence, the deadline is also generally three years. Failing to file within this timeframe permanently bars your claim.
Suite 101 Kenosha , WI 53140
Yes. A wrongful death lawsuit is a civil action independent of criminal proceedings handled by the Kenosha County District Attorney. You can pursue civil compensation regardless of whether criminal charges are filed, pending, or result in an acquittal, as civil cases carry a lower burden of proof (preponderance of the evidence).
Suite 101 Kenosha , WI 53140
Yes. Under Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045), the estate or surviving family can recover financial compensation as long as the deceased person’s fault was 50% or less. Any financial award is reduced proportionally by the percentage of assigned fault.
Suite 101 Kenosha , WI 53140
Wisconsin statutes determine distribution rules. Compensation for loss of society and companionship goes directly to designated surviving family members (such as spouses, children, or parents). Damages awarded for pre-death pain and suffering or medical expenses flow through the estate and are distributed per the deceased’s will or state intestacy laws.
Suite 101 Kenosha , WI 53140
Our legal team brings over 40 years of local experience advocating for grieving families throughout Southeastern Wisconsin. Located in downtown Kenosha at 520 58th Street, Attorney James M. Payne and our trial lawyers handle complex wrongful death litigation with compassionate guidance and relentless effort to hold negligent parties accountable.
Suite 101 Kenosha , WI 53140