Losing a loved one due to someone else’s negligence is a devastating experience. Along with grief and anger, families often face financial strain and uncertainty about their legal rights. A wrongful death claim can provide a path to seek justice and compensation, holding the responsible party accountable. At Jacobs Injury Law, our Wisconsin wrongful death attorney Ann S. Jacobs has over 20 years of experience advocating for grieving families. We combine local Wisconsin knowledge, top notch litigation skills and compassionate service to guide you through this difficult time and fight for the compensation your family deserves.
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What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies due to another party’s wrongful act, negligence, or misconduct. Wisconsin law defines wrongful death as a death caused by another’s negligence, recklessness, or intentional wrongdoing. Unlike a criminal case (which seeks to punish the offender), a wrongful death action is focused on obtaining compensation for the surviving family members’ losses. In essence, it allows the deceased person’s estate or relatives to pursue damages from the liable party – just as the victim could have done if they had survived.
Wrongful death claims help families achieve accountability and financial support after a tragic loss. While no lawsuit can bring a loved one back, it can provide justice, closure, and resources to cover expenses and secure the family’s future.
Common Causes of Wrongful Death
Wrongful deaths can arise from many different accidents or incidents where negligence or misconduct leads to a fatal injury. Some common causes of wrongful death claims include:
- Motor Vehicle Accidents: Deadly car crashes, truck collisions, or motorcycle accidents caused by negligent drivers (e.g. speeding, distracted driving, or drunk driving).
- Medical Malpractice: Fatal medical errors by doctors, hospitals, or nursing staff – such as surgical mistakes, misdiagnosis, or improper care.
- Workplace Accidents: On-the-job incidents like construction accidents, industrial machinery failures, or unsafe working conditions that result in a worker’s death.
- Defective Products: Dangerous or defective products (such as faulty auto parts, machinery, or consumer products) that cause fatal injuries. Manufacturers can be held liable for product-related deaths.
- Criminal Acts: Intentional violence or criminal acts (such as homicide or assault) that lead to the death of the victim. In these cases, a wrongful death lawsuit is separate from any criminal charges – families can sue the perpetrator in civil court for damages even if a criminal prosecution is ongoing or results in acquittal.
In all of these scenarios, if negligence or wrongdoing by another party contributed to your loved one’s death, you may have grounds for a wrongful death claim. These claims aim to ensure accountability and fair compensation for the family left behind.
Who Can File a Wrongful Death Lawsuit in Wisconsin?
Not just anyone can file a wrongful death lawsuit – Wisconsin law specifies which survivors are eligible to bring this type of claim. Under Wisconsin Statutes, a wrongful death action is typically filed by the personal representative (executor) of the deceased person’s estate, or by certain close family members of the deceased. Those who generally have the right to file include:
- The Personal Representative of the Estate: Often appointed in the decedent’s will (or by a court if no will exists), the personal representative acts on behalf of the estate and all beneficiaries. Wisconsin law expressly allows the personal representative to initiate the wrongful death lawsuit for the benefit of the family.
- Immediate Family Members: The surviving spouse of the deceased has priority to pursue a wrongful death claim, and minor children of the deceased also have a right to recover damages (especially for the loss of parental support and guidance). If the person who died was unmarried or had no children, the parents of the deceased are eligible to file the claim. Wisconsin law also recognizes registered domestic partners of the deceased in the same capacity as spouses for wrongful death claims.
- Other Heirs or Dependents: If the deceased left no spouse, minor children, or parents, then other next of kin may be able to file. This can include siblings or grandparents or other relatives who were dependents or heirs, but only if no immediate family members are available to bring the action. In rare cases, the wrongful death claim may be brought by a dependent who relied on the deceased for financial support, if allowed by the statute.
Importantly, only one wrongful death lawsuit can be brought for the same death. All eligible family members and the estate must be part of a single wrongful death action. Wisconsin law is designed this way to avoid multiple lawsuits over one person’s death. This means the family (and personal representative) should work together in pursuing the claim, and the court will later ensure any damages are distributed fairly among the beneficiaries.
What Compensation Can You Recover in a Wrongful Death Case?
A wrongful death claim seeks financial compensation (known as damages) to help the surviving family cope with the losses caused by their loved one’s death. In Wisconsin, families may recover both economic damages (tangible financial losses) and non-economic damages (intangible losses related to the person’s absence). For example, compensation in a wrongful death lawsuit can cover:
- Medical Expenses: The reasonable cost of the deceased’s medical care related to the final injury or illness (for example, hospital bills or emergency surgery costs before death).
- Funeral and Burial Costs: Expenses for funeral services, burial or cremation, and related costs (including a cemetery plot, headstone, etc.).
- Lost Income and Financial Support: The loss of the deceased’s expected earnings and benefits. This includes wages the person would have earned if they had lived, loss of future income for the family, loss of pension or insurance benefits, and loss of inheritance that would have accumulated.
- Loss of Companionship and Society: The emotional pain and loss of love, companionship, guidance, and affection that the surviving family suffers due to the death. For example, a spouse’s loss of partnership or a child’s loss of parental care are significant non-economic damages.
- Pain and Suffering: In some cases, damages may address the survivors’ grief and mental anguish, or the pain and suffering the deceased person endured prior to death (this latter is sometimes handled via a related survival action if the person initially survived the injury). These damages acknowledge the emotional distress caused by the wrongful death.
Wisconsin law explicitly allows families to recover for all the above types of losses in a wrongful death suit. However, the state does place certain limits on non-economic damages. Under Wisconsin Statute § 895.04(4), damages for loss of society and companionship (the loss of a loved one’s presence and relationship) are capped at $500,000 for the death of a minor child, and $350,000 for the death of an adult. This means that, no matter how severe the loss, the award for these particular emotional damages cannot exceed those amounts per occurrence.
Crucially, there is no cap on economic damages in Wisconsin wrongful death cases. All the quantifiable financial losses (medical bills, lost income, etc.) can be recovered in full, based on the evidence. Our attorneys will work with economic experts to calculate the full extent of your family’s financial loss, so you seek maximum compensation for both current and future needs.
Time Limits (Statute of Limitations) for Wrongful Death Claims
It’s important to act promptly, because Wisconsin law imposes a statute of limitations (filing deadline) on wrongful death lawsuits. The time limit to file a wrongful death claim in Wisconsin varies depending on the circumstances surrounding the death.
Different deadlines may apply based on:
- The type of incident that caused the death (such as motor vehicle accidents, medical malpractice, workplace accidents, falls, or defective products)
- Whether a government entity was involved
- The specific facts and timing of your case
Wisconsin has multiple statutes that govern wrongful death claims, and determining which statute applies to your situation—and therefore which deadline you must meet—requires careful legal analysis. Some deadlines can be as short as a few months, while others may allow several years to file.
Because missing a filing deadline can permanently bar your claim, it’s critical to consult with an experienced Wisconsin wrongful death attorney as soon as possible. An attorney can evaluate your specific circumstances, determine which statute of limitations applies, and ensure your claim is filed on time.
How Jacobs Injury Law Supports Grieving Families
Pursuing a wrongful death claim can be complex and emotionally exhausting for a family in mourning. Jacobs Injury Law is here to ease that burden. We pride ourselves on providing compassionate, experienced legal support to families who have lost a loved one due to negligence. Here’s how our team stands out as you seek justice:
- Extensive Experience: Our firm is led by Ann S. Jacobs – a Wisconsin wrongful death attorney with over two decades of legal experience. She has been recognized by her peers as one of the Top 50 attorneys in Wisconsin, and has dedicated her career to helping injury victims and their families. We have successfully handled numerous complex wrongful death cases across Wisconsin, giving us the expertise needed to tackle insurance companies and defense lawyers on your behalf.
- Local Knowledge: As a Milwaukee wrongful death lawyer with deep roots in the community, Attorney Ann Jacobs understands the local court systems, judges, and juries. Our firm knows Wisconsin law inside and out and stays up-to-date on any changes that could affect your case. We have offices in Milwaukee and Wisconsin Dells, and we proudly serve clients throughout the state. This local presence and insight can make a big difference in building a strong case tailored to Wisconsin’s legal landscape.
- Compassionate Guidance: We know that a wrongful death case isn’t just about paperwork – it’s about people. Our attorneys and staff treat clients with empathy, respect, and patience. We will work closely with your family to navigate the difficult decisions that arise in the days and weeks following your loss. You can count on us to listen to your concerns, keep you informed, and make sure every family member’s voice is heard. We understand many relatives may want to be involved, and we are happy to work with your family in a cohesive way so that everyone stays on the same page.
- Thorough Investigation & Full Support: Jacobs Injury Law takes a comprehensive approach to wrongful death cases. We will investigate the circumstances of the death in detail – preserving evidence, gathering accident reports, medical records, and witness statements – to build the strongest case possible. Our team often works with professional investigators and experts (such as accident reconstructionists or medical experts) to prove what happened and who was at fault. We also assist with related legal matters, such as helping you obtain the proper help with probate and estate issues arising from your loved one’s passing. By handling these details, we aim to relieve you of additional stress. From filing insurance claims and court documents to negotiating with opposing parties, we take care of the legal burdens so you can focus on healing.
When you choose Jacobs Injury Law, you’re not just getting a lawyer, you’re getting a dedicated ally for your family. Our Milwaukee-based firm has a proven track record of standing up for the injured and the bereaved. We approach every wrongful death case with diligence and compassion, because we know how much is at stake for you and your loved ones. Our goal is to obtain justice and financial security for your family, while treating you with the utmost care and respect throughout the process.
Contact a Milwaukee Wrongful Death Lawyer Today
At Jacobs Injury Law, S.C., we are committed to standing up for families who have lost a loved one due to negligence or wrongdoing. We work to hold responsible parties accountable and pursue the financial compensation families need to move forward. If you have lost a loved one and believe someone else may be responsible, do not wait to seek legal guidance. Call us today at (414) 306-8999 for a free, no-obligation consultation, or contact us online.
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Wrongful Death Frequently Asked Questions
How do I know if I have a wrongful death case in Wisconsin?
You may have a wrongful death case if your loved one died because of someone else’s negligence, recklessness, or intentional conduct. Common examples include fatal car accidents, medical errors, unsafe workplaces, defective products, or violent acts. A Wisconsin wrongful death attorney can review the facts and explain whether the law allows your family to pursue a claim.
Do I need a wrongful death lawyer to file a claim?
You are not legally required to hire a lawyer, but wrongful death cases are complex. Insurance companies often fight these claims aggressively. A Milwaukee wrongful death lawyer can handle investigations, deadlines, legal filings, and negotiations so your family is not taken advantage of during a very difficult time.
How long does a wrongful death case usually take?
The timeline depends on the facts of the case. Some claims settle in months, while others take longer if a lawsuit is necessary. Factors include the type of accident, how strongly fault is disputed, and whether the case goes to trial.
What if the person who caused the death is facing criminal charges?
A wrongful death case is separate from any criminal case. Even if criminal charges are pending, dismissed, or result in a not guilty verdict, your family may still pursue a civil wrongful death claim for financial compensation.
Can multiple family members receive compensation?
Yes. Wisconsin law allows certain family members to recover damages, such as spouses, children, and parents. Only one wrongful death lawsuit can be filed, but it can include all qualifying family members.
What if my loved one was partially at fault?
Wisconsin follows a comparative negligence rule. If your loved one was less than 51 percent at fault, your family may still recover compensation, though the amount may be reduced.
How much is my wrongful death case worth?
Every case is different. The value depends on factors like lost income, medical and funeral expenses, loss of companionship, and the age and earning capacity of the deceased. Wisconsin law places caps on certain non-economic damages.
Will I have to go to court?
Many wrongful death cases settle without a trial. However, filing a lawsuit is sometimes necessary to protect your rights or encourage a fair settlement.
What does it cost to hire a wrongful death attorney?
Jacobs Injury Law offers free consultations and works on a contingency fee basis. There is no attorney fee unless the case is won or settled.
What should I do first after a wrongful death?
Focus on your family and immediate needs. When you are ready, contact a Wisconsin wrongful death attorney to learn your options and protect your rights.
