Wrongful Death Cases: Comprehensive Guide to Understand Wrongful Death Cases in Wisconsin

Introduction: In the state of Wisconsin, wrongful death cases play a vital role in providing compensation to the families of individuals who have lost their lives due to the wrongful or negligent actions of others. These cases are essential in helping families move forward after the devastating loss of a loved one. This article delves into the key aspects of wrongful death cases in Wisconsin, including what qualifies as a wrongful death, the statute of limitations, types of compensation available, and who can pursue a wrongful death claim.

What Qualifies for a Wrongful Death Case?

A wrongful death in Wisconsin is defined as a death resulting from a “wrongful act, neglect, or default.” Importantly, the actions leading to the death should have, if the victim had survived, given rise to a personal injury lawsuit. This means that a wide range of scenarios can qualify as wrongful deaths.

For instance, if an individual is killed by a drunk driver, it is considered a wrongful death. Similarly, if a business fails to maintain a safe work environment, resulting in a fatal accident, it is also categorized as a wrongful death, even if there was no direct perpetrator of the accident.

What is the Statute of Limitations For a Wrongful Death Case?

Understanding the statute of limitations is crucial when pursuing a wrongful death case. In Wisconsin, there is a three-year statute of limitations for all wrongful death cases. This timeframe begins either from the time of the victim’s death or from when the injury that led to the death was discovered.

For instance, if an individual dies due to injuries sustained from a fall off an unsafe ladder, the statute of limitations commences from the moment of their death. However, if the injury remained undetected, the statute of limitations might begin once the injury is reasonably discovered. This aspect can become intricate, especially if the victim experienced symptoms of the injury before their demise. Hence, it’s imperative for individuals with severe injuries to promptly seek legal counsel.

What Types of Compensation Can Be Obtained for Wrongful Death Case?

Wrongful death cases involve claims in Wisconsin encompass several types of compensation:

1. Funeral Expenses: This includes coverage for the victim’s funeral and burial expenses.
2. Loss of Wages: Families can seek compensation for the income the victim would have earned if they hadn’t passed away.
3. Medical Expenses: Any medical costs incurred as a result of the victim’s injury are eligible for compensation.
4. Loss of Companionship: Family members can receive compensation for the emotional toll of losing their loved one.
5. Survivorship Claims: The victim’s estate may file survivorship claims, which can include compensation for the pain and suffering the victim experienced before their death.

Who Can Pursue a Wrongful Death Claim?

Wrongful death claims can be pursued by:

• Authorized representatives of the deceased individual’s estate.
• Surviving children of the deceased.
• Surviving spouse or domestic partner.
• Guardians of the victim’s minor child.
• Guardians of individuals who were under the care of the deceased, whether due to age or incapacity.

Conclusion and Legal Assistance for Wrongful Death Cases

Wrongful death cases in Wisconsin are multifaceted and demand careful consideration. To navigate these complex legal waters and ensure that your case receives the attention it deserves, it is highly advisable to seek the services of a qualified attorney. At Dahlberg Law Group, our experienced legal team, led by Attorney Phil Dahlberg, is here to guide you through the process and fight for your rights.

For more information about injury laws in Wisconsin, you can refer to the Wisconsin Statutes and the Administrative Code. If you have any questions or require legal assistance, please don’t hesitate to contact us.

FAQs for Wrongful Death Cases

1. What is a wrongful death case in Wisconsin? A wrongful death case in Wisconsin arises when an individual dies due to the wrongful or negligent actions of another party, and it involves seeking compensation for the surviving family members.
2. What is the statute of limitations for wrongful death cases in Wisconsin? In Wisconsin, there is a three-year statute of limitations for all wrongful death cases, which begins either from the time of the victim’s death or when the injury leading to death is reasonably discovered.
3. Who can file a wrongful death claim in Wisconsin? Wrongful death claims can be filed by authorized representatives of the deceased’s estate, surviving children, surviving spouse or domestic partner, and guardians of minor children or individuals under the care of the deceased.
4. What types of compensation can be obtained in a wrongful death case? Compensation in a wrongful death case can include funeral expenses, loss of the victim’s potential wages, medical expenses, compensation for loss of companionship, and survivorship claims for the victim’s pain and suffering before death.