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Lawsuits for wrongful deaths in Wisconsin are civil suits filed by the family of a deceased person against the party they believe to be at fault. These wrongful death lawsuits are often filed in instances in which someone has died due to negligence.
There are many risks and dangers in our society that can lead to wrongful deaths. According to the CDC, over 200,000 people in the US die from unintentional injuries and accidents every year – many of which are due to the negligence or mistakes of another party.
Wrongful deaths from car accidents are especially common. Every year, over 500,000 truck-related accidents happen in the US, resulting in nearly 5,000 deaths.
Many individuals affected by wrongful deaths in Wisconsin don’t realize they can seek compensation for economic damages and non-economic damages. You’ve been through enough, and you deserve to be made whole for your losses.
If you have lost a loved one due to another party’s negligence, you may be entitled to compensation for your loss. A wrongful death attorney will help you file a claim for your damages and get the justice your family deserves.
In this post, we will discuss seven crucial things to know about wrongful death cases in Wisconsin.
1. Are You Eligible to Sue for Wrongful Death?2. Wisconsin Statute of Limitations for Wrongful Death3. Damages to Sue for in Wrongful Death Cases4. Who You Can Sue for Wrongful Death?5. What is the Average Wrongful Death Settlement in Wisconsin?6. Average Time to Complete Wrongful Death Cases7. How to Start the Wrongful Death Lawsuit Process in Wisconsin?Let’s discuss them in detail.
In Wisconsin, If a person passes away due to the misconduct or negligence of another party, the family members or survivors of the victim may sue for wrongful death.
This type of lawsuit is intended to seek compensation for damages from the negligent party to support orphans, widows, and other grieving family members. The damages that can be claimed include medical and funeral expenses, loss of income, mental anguish, and emotional distress.
Under Wisconsin Law, the following relatives of the deceased are eligible to sue for wrongful death:
In some cases, a sibling of the victim may be eligible to sue for wrongful death. A knowledgeable personal injury attorney will advise you according to your specific circumstances.
Wisconsin Law requires that wrongful death settlement distributions be made to beneficiaries in the order in which they are related to the deceased ($895.04).
The primary beneficiary is the surviving spouse or domestic partner. If the deceased had children under the age of 18, as much as half of the financial settlement can be awarded to them. If there are no surviving spouses, partners, or minor children, the order proceeds to lineal next-of-kin, then to siblings.
The statute of limitations for filing a wrongful death claim governs the length of time you have to pursue legal action to recover damages.
The statute of limitations in Wisconsin for the majority of wrongful death claims is three years from the date that the victim passed away. This means that you have three years to file legal proceedings against the party you believe to be at fault.
There is a motor vehicle accident (MVA) exemption to the three-year rule for wrongful death lawsuits in Wisconsin. In cases regarding MVAs, the statute of limitations for a wrongful death claim is set at two years from the date of death.
Victims can pursue three categories of damages in a Wisconsin wrongful death case:
Special damages can include medical bills, funeral expenses, loss of inheritance, property damages, and loss of income.
General damages include the loss of companionship, pain and suffering, and reduced quality of life. These types of losses can be difficult to calculate, but an experienced wrongful death attorney will help determine their monetary value while seeking justice for your family.
Punitive damages can be awarded in a wrongful death lawsuit if a party acted recklessly or intentionally caused the death. These damages are intended to punish the defendant for their part in the wrongful death.
Wisconsin state law does impose a cap of $500,000 for the death of a minor and $350,000 for the death of an adult. This cap was set to discourage juries from sympathetically awarding excessive damages.
Wrongful deaths may occur for a variety of reasons. Common liable parties include:
Medical malpractice is one of the major causes of death in the United States, resulting in an abundance of wrongful death claims against healthcare providers.
Negligence or mistreatment from airlines, workplaces, and even daycares can also cause families to file a claim for damages. Likewise, if a manufacturer produced a product that contributed to the death of a loved one, you may be eligible to file a wrongful death claim.
When it comes to wrongful death claims, settlements can vary greatly. The amount awarded depends on a variety of factors, and every case has its unique differences. Depending on the circumstances, wrongful death settlements can easily reach $1 million or more.
Some factors that may affect monetary settlements include:
Wrongful death cases require extensive filings, negotiations, and litigation – making it hard to predict how long each case will last before final settlement.
On average, most wrongful death lawsuits in Wisconsin are resolved in one to three years. However, there are many factors that may shorten or lengthen that time.
Some factors that could affect the length of a wrongful death case in Wisconsin include:
The death of a loved one is never easy to deal with, and a drawn-out legal case adds an extra burden on the family. Experienced attorneys with proven track records work to expedite wrongful death lawsuits so that the family can move on and focus on healing as quickly as possible.
It’s essential to hire an experienced and knowledgeable personal injury attorney to represent you in a Wisconsin wrongful death case. An effective wrongful death lawyer will:
Once you’ve found an excellent lawyer to represent you, the next step is to pull together evidence, write up a monetary demand, and file the claim with the state court.
Other steps will likely include:
Choose the best representation available for your wrongful death lawsuit. A skilled wrongful death attorney will uphold your family’s rights and ensure you are properly compensated for your losses.
An excellent attorney will also help make sure that your family has access to all the necessary information about what happened and how you can take action against those responsible.
A wrongful death lawsuit is the most common way to seek justice and compensation in the event of a loved one’s death. The claim can be filed by the family of the deceased person.
The death of a loved one is always difficult to deal with. It can bring up a lot of tough questions and painful emotions. One question that may come up is whether you have legal options for seeking justice and compensation.
The attorneys at Mahony Law are here to help you in this trying time. We have the experience required to represent you in wrongful death claims. Our attorneys are skilled at negotiating with the opposition and communicating with our clients, putting us in the perfect position to understand, plan, and execute the best legal strategy for every client.
Call our office at (262) 331-3553, send an email to info@mahony-law.com, or book a FREE consultation to start the process of seeking justice.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
