Protecting The Injured

Milwaukee Wrongful Death Lawyer

Filing wrongful death Claims in Wisconsin

When a loved one passes away due to the negligence, recklessness, or criminal actions of another, surviving family members and persons of interest may be able to seek compensation and solace through a wrongful death lawsuit. At Casey Law Offices, our entire team is committed to being the legal representation and moral support families need when taking on such a difficult case. Not only do we want to find justice for your lost loved one but we want to set you up with the ability and opportunity to overcome any grief you may be experiencing.

Why do people trust our Milwaukee wrongful death attorneys?

Figure out where to begin on your case by contacting us today.

Elements of a Wrongful Death Claim

In order to file a claim, the following elements must be present.

A valid wrongful death claim must be able to show that:

  • A death resulted from the accident
  • The fatal accident was caused by the negligence of another individual or company, or the liable party did not act in a reasonable manner
  • The surviving family members are suffering losses due to the death
  • The deceased person's estate must have a personal representative appointed

We encourage you to speak with an attorney to learn more about how to file a claim, what evidence is required in your situation, and how to handle claims with insurers. We are always here as a resource to help surviving families get through this difficult time.

People Who Can File a Wrongful Death Claim

Simply knowing the deceased is not enough grounds for filing a wrongful death claim. Wisconsin will only allow certain interested and related parties to file the claim within three years of the decedent’s passing.

The people who can file a wrongful death claim are:

  • Representative of the decedent’s estate
  • Spouse or domestic partner
  • Child
  • Parent or guardian

Once one party decides to file a wrongful death claim, other parties will typically be barred from doing so. It is often suggested that all parties who could file a claim work together with a single personal injury attorney. In the event that a wrongful death claim is successful and monetary compensation is rewarded by the court, any dependents to the decedent will be given a portion of the verdict amount, up to 50%, even if they did not file the lawsuit or participate in it.

Wrongful Death Damages You May Be Able to Collect

In a wrongful death claim, you will typically pursue damages that are unique to that type of case. Talk to your personal injury lawyer to get a full idea of what you may be able to win. While our Milwaukee injury attorney understands that no amount of money can bring back your loved one, it can help you feel more confident in your future’s stability and find some closure.

You may be able to receive monetary compensation for:

  • Final medical expenses and bills
  • Cost for funeral and burial expenses
  • Decedent's lost income
  • Loss of companionship

Wisconsin's Caps on Wrongful Death Damages

In terms of lost companionship, a surviving loved one may seek up to $350,000 for an adult decedent and $500,000 for a minor who passes away on noneconomic damages. These values are stated in the law as a part of the state's tort reform, which places limits on the non-quantifiable damages that can be recovered, such as pain and suffering.

Additionally, the personal representative of the decedent’s estate can cite pain and suffering in what is known as a survivorship claim; such claims are not limited by any Wisconsin statutes. If criminal wrongdoing was involved in the decedent’s death, a wrongful death claim can also seek punitive damages, but this often requires conviction of the accused first.

Get Trusted Counsel You Can Rely On

Out of all the legal troubles you can encounter in your life, few, if any at all, will be more stressful and urgent than a wrongful death case. You should not gamble your success with such an important claim by attempting to pursue justice and compensation alone. Get our Milwaukee personal injury lawyer on your side and feel assured that your case is being handled by a professional with more than two decades of proven experience. Whether your loved one was killed in a fatal car accident, a negligent truck driver, or another reckless party, we want to hear from you.

Your first consultation is FREE! Contact us today to schedule yours.

  • NA
  • Trial Lawyers
  • One Percent
  • Justice
  • Avvo