Losing a loved one is difficult. It can greatly impact a family’s emotional, physical, and even financial wellbeing.
Though all of us will experience the death of a close friend or family member, there is a crucial difference between the natural passing of a loved one vs. a wrongful death.
What Is Considered a “Wrongful” Death?
A wrongful death claim arises when an individual is killed as a result of negligence or misconduct. The party responsible for the wrongful death may be another individual, company, or entity.
Filing a Wrongful Death Claim in Wisconsin
In the state of Wisconsin, a “wrongful death” is defined as a death that is caused by another party’s “wrongful act, neglect or default,” in a situation when the deceased could have filed a personal injury lawsuit—had he or she lived.
Because there are many instances that may constitute a wrongful death, here is a brief summary of situations that may qualify for a potential lawsuit:
- Workplace injuries
- Nursing home negligence
- Defective products
- Motor vehicle accidents
- Medical malpractice
- Homicide (or other intentional acts of violence against a person)
Although the individual affected by the incident is no longer alive to bring a personal injury claim, certain individuals can bring a wrongful death lawsuit on their behalf.
How Wrongful Death Claims Work
A lawsuit is brought against the person, or entity, whose actions caused the death of another individual.
Wisconsin allows the personal representative of the deceased person’s estate, or certain members of the deceased’s family, to file a wrongful death suit.
There is a specific priority to which surviving family members can file the wrongful death claim:
- Surviving minor children
- A spouse or domestic partner
- The deceased’s lineal heirs (e.g., parents, grandparents, or grandchildren)
- The deceased’s brothers and sisters
Regardless of who files a wrongful death claim, if the deceased person left behind a spouse or domestic partner, and one or more children under the age of 18, the court must allocate a portion of any damages awarded for the
care of the children.
How Long Do I Have to File a Wrongful Death Claim?
Most wrongful death suits must be filed within three years of the date of the person’s death. However, if the person died as a result of a car accident, then the suit must be filed within two years of the death.
How Can a Wrongful Death Lawyer Help Me?
The experienced team at Doar, Drill & Skow can help you fight for the compensation you’re entitled to in the event of a wrongful death. We’ll guide you through your options, help you file the correct paperwork, and work to help your family receive justice, on your loved one’s behalf.
A personal representative, or family member, bringing a wrongful death claim can recover for losses, such as:
- Medical expenses related to the injury that caused the death
- Funeral/burial expenses
- Lost inheritance
- Financial losses which includes lost wages and income the deceased person would have earned if they were still alive, and
- Loss of society and companionship
Find a Wrongful Death Lawyer Near You
At Doar, Drill & Skow, we understand the emotional trauma of continuing your life without a spouse, child or family member. We also understand that revisiting the event that caused the individual’s death can be draining on the entire family.
Our team is committed to guiding you through the legal process, listening to your concerns, answering your questions, and providing the type of support you deserve.
While no amount of money can replace your loved ones, financial compensation can ease the burden your family may experience.
Contact a wrongful death lawyer at Doar, Drill & Skow today for a free, no obligation consultation. We are here for you!